1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.6370 of 2011 and M.P.(MD)No.1 of 2011 A.Sankaranantham : Petitioner Vs. 1.The Principal Secretary, to Government of Tamil Nadu, Co-operation of Food and Consumer Protection Department Fort St. George, Chennai. 2.The Registrar of Co-operative Societies, Kilpauk,Chennai. 3.The Joint Registrar of Co-operative Societies, Theni Region,Theni. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to charge memo in letter No.13578/cm1/2006-5 dated 18.04.2011 on the file of the respondent No.1 and quash the same as illegal and consequently allow the petitioner to retire with all the superannuation benefits entitled to him within a stipulated time. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.T.S.Mohammed Mohideen Addl. Government Pleader ORDER Challenging the impugned charge memo of the first respondent in letter No.13578/cm1/2006-5 dated 18.04.2011 and the order of the first respondent, placing the petitioner under suspension vide G.O.(2D) No.56 dated 23.06.2004 and not permitting the petitioner to retire from service on attaining superannuation in G.O.(3D).No.24 dated 30.06.2004, the petitioner has come up with the present Writ Petition. 2. The case of the petitioner is that he was working as Deputy Registrar of Co-operative Societies, Theni. He attained the age of superannuation as early as on 30.06.2004. During the year 2000-2001, when he was working as Deputy Registrar of Co-operative Societies, there was no taker for purchase of copra and the price of copra has fallen to feet. In order to protect the coconut farmers, the Central Government endeavored to procure copra from the coconut farmers at the rate of Rs.32.50 per Kg through TANFED as nodal agency. 2.1. The petitioner being the Deputy Registrar of Co-operative Societies, has to supervise the procurement of copra and he has not committed any lapses. While so, vide G.O.(2D) No.56 dated 23.06.2004, the first respondent issued an order suspending the petitioner from service at the verge of his retirement. By an order dated 30.06.2004, he has been retained in service until the investigation is concluded and https://hcservices.ecourts.gov.in/hcservices/ 2 final orders are passed. Therefore, the petitioner has approached this Court by filing a writ petition in W.P.No.7864 of 2007 for a direction to complete the disciplinary proceedings initiated against him. This Court by an order dated 09.01.2008 directed the first respondent therein to complete the disciplinary proceedings within a time frame. However, by G.O.No.210, Agricultural (Bt.ep.2) Department, dated 09.10.2009, the Government has withdrawn all the criminal cases registered against the petitioner and other officials pertaining to irregularity in disbursement of the amount in procurement of copra during the year 2000- 2001, but, permitted the respective department to initiate disciplinary action against them. In the backdrop of the matter, the petitioner has come up with the present Writ Petition challenging the order of suspension and the other order retaining the petitioner in service. 3. A similarly placed person, viz., L.Frederick Jayaseelan, has approached this Court by way of filing Writ Petitions in W.P.(MD) Nos.8924 of 2006 and 6508 of 2009, challenging the order retaining him in service and this Court, after considering the matter in detail, came to the conclusion that there is an inordinate delay in issuing a charge memo and quashed the order of suspension and also the order retaining the petitioner therein in service. 4. In view of the above stated position and in view of the fact that the petitioner herein is also a similarly placed person, I am of the considered view that the charge memo issued to the petitioner and the order retaining the petitioner in service have to be quashed and accordingly, quashed. The Writ Petition, therefore, stands allowed. It is needless to say that the respondents have to settle the entire terminal benefits to the petitioner. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To 1.The Principal Secretary to Government of Tamil Nadu, Co-operation of Food and Consumer,Protection Department, Fort St. George, Chennai. 2.The Registrar of Co-operative Societies, Kilpauk, Chennai. 3.The Joint Registrar of Co-operative Societies, Theni Region, Theni. +1cc to Mr.T.Lajapathiroy, Advocate SR.No.19219 +1cc to Special Govt.Pleader SR.No.19257 Order made in W.P.(MD).No.6370 of 2011 Dated:- 20.06.2011 RR PA/18.08.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/