IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 08.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.37455 of 2006 (T) (O.A.No.8288/98) T.Arumugam .. Petitioner/Applicant -Vs.- 1.Registrar of Co-operative Societies, Chennai – 10. 2. Joint Registrar of Co-operative Societies, Karur. .. Respondents/Respondents Prayer: Writ Petition came to be numbered by transfer of O.A.No.8288/98 (on the file of the Tamil Nadu Administrative Tribunal, was abolished) praying (i) To call for the records connected with Pro.Na.Ka.No.787/98/Aa.Pa.Aa dated 23.04.1998 of the Joint Registrar of Co-operative Societies, Karur Region, Karur and set aside the same; consequently (ii) To direct the respondents to treat the petitioner/applicant to have retired from service on superannuation on the after noon of 30.06.1998 and to allow him all the retirement benefits admissible. For petitioner : Mr.S.Ilamvaludhi For respondents : Mr.B.Vijay, Government Advocate O R D E R Original Application No.8288 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to call for the records connected with Pro.Na.Ka.No.787/98/Aa.Pa.Aa dated 23.04.1998 of the Joint Registrar of Co-operative Societies, Karur Region, Karur and set aside the same; consequently to direct the respondents to treat the applicant to have retired from service on superannuation on the after noon of 30.06.1998 and to allow him all the retirement benefits admissible. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ https://hcservices.ecourts.gov.in/hcservices/ Petition. 2. The petitioner/applicant while working as a Sub Registrar of Co-operative Societies at Karur was removed from service on the charge of unauthorised absence. A charge memo under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules was issued to the petitioner. An enquiry was conducted. Explanation was submitted. Personal hearing was granted to the applicant/delinquent officer. The enquiry officer held that the charge was proved. The Disciplinary Authority, the Joint Registrar of Co-operative Societies imposed the punishment as above. 3. The Original Application has been filed without exhausting the statutory remedy available. Against the order of the Joint Registrar of Co-operative Societies, an appeal will lie to the Registrar of Co-operative Societies under Rule 9 of Co-operative Societies Rule. The petitioner is not opted for the same. 4. Learned Government Advocate Mr.B.Vijay, submitted that since there is a detailed enquiry report submitted and the petitioner was given an opportunity to defend his case, he should have filed an appeal and canvass all the factual disputes raised in the Original Application/Writ Petition before the Appellate Authority. 5. Considering the nature of charge, the enquiry officer's report, the explanation submitted by the petitioner and the findings of the disciplinary authority which requires reconsideration of factual disputes raised by the petitioner and also in view of the provision for statutory appeal, as rightly consented by the learned counsel for the petitioner, the petitioner is directed to file appeal, if he so desires, within 30 days from 12.3.2010. Such appeal if filed shall be disposed off expeditiously. The plea of delay on limitation shall not stand in the way of hearing the matter on merits in the appeal as the matter was pending before the Tribunal and this Court. Counsel for the petitioner further states that there is no order of stay. The Writ Petition stands disposed off in the above terms. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar vsm/ts https://hcservices.ecourts.gov.in/hcservices/ To 1.The Registrar of Co-operative Societies, Chennai – 10. 2. The Joint Registrar of Co-operative Societies, Karur. Order in W.P.No.37455 of 2006 BVR {CO} TP/24.2.2010. https://hcservices.ecourts.gov.in/hcservices/