IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NO.36296 OF 2006 (T) (O.A.NO.9636/1998) P.Sangili Kalai ..Petitioner Vs. 1.State rep. by Secretary to Government, Co-operation Department, Chennai 9. 2.Registrar of Co-operative Societies, Chennai – 10. 3.Joint Registrar of Co-operative Societies, Coimbatore Region, Coimbatore. ..Respondents PRAYER : Original Application No.9636 of 1998 was filed before the Tamil Nadu Administrative Tribunal, praying i) to call for the records connected with Pro.Na.Ka.No.17703/92 P3 dated 02.08.94 of the Joint Registrar of Co- operative Societies, Coimbatore and proceedings Rc.No.223724/94 DA 3 dated 30.05.97 of the Registrar of Co-operative Societies, Chennai-10 and set aside the same; consequently ii) to direct the respondents to promote the applicant as Co-operative Sub Registrar from the date it was due. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : No Appearance For Respondents : Mr.B.Vijay Government Advocate O R D E R Original Application No.9636 of 1998 was filed before the Tamil Nadu Administrative Tribunal, praying to call for the records https://hcservices.ecourts.gov.in/hcservices/ connected with Pro.Na.Ka.No.17703/92 P3 dated 02.08.94 of the Joint Registrar of Co-operative Societies, Coimbatore and proceedings Rc.No.223724/94 DA 3 dated 30.05.97 of the Registrar of Co-operative Societies, Chennai-10 and set aside the same; consequently to direct the respondents to promote the applicant as Co-operative Sub Registrar from the date it was due. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2.The petitioner while working as a senior Inspector of Cop-operative Societies, Public Distribution System, was served with a charge memo under Rule 17(b) of Tamil Nadu Civil Service (Discipline and Appeal) Rules, on the ground that he did not discharge his duties in detecting the irregularities in the sale of goods in the Public Distribution System during the year 1986-87. The charges are held to be proved and the petitioner was imposed the punishment of stoppage of increment for three years with cumulative effect. An appeal was preferred to the Registrar of Co-operatives Societies, and was rejected, confirming the punishment. As against the same, the petitioner filed an appeal on 15.07.1997 to the Secretary to Government, Co-operation Department. The said appeal according to the Government Advocate may be directed to be disposed of if not already concluded. 3.In this case, the petitioner has filed an appeal. In this case, a charge memo has been issued and after a detailed enquiry the punishment was imposed by the competent authority. The appellate authority has also confirmed the order of punishment. It is therefore, appropriate that the appeal filed by the petitioner to the Government should be disposed of on merits. The appellate authority will be able to go into the factual aspects of the case, as rightly contended by the learned counsel for the petitioner. 4.In such view of the matter, the writ petition stands disposed of with a direction to the first respondent to disposed of the appeal on merits, if not already disposed of, within a reasonable period of time, preferably within three months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vsm https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, State of Tamil Nadu, Co-operation Department, Chennai 9. 2. The Registrar of Co-operative Societies, Chennai – 10. 3. The Joint Registrar of Co-operative Societies, Coimbatore Region, Coimbatore. + 1 c.c. to The Government Pleader. S.R.No.7319. W.P.NO.36296 of 2006 TRM (CO) GSK 06.03.2010. https://hcservices.ecourts.gov.in/hcservices/