1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.01.2011 CORAM : THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD) No.2 of 2011 and M.P.(MD)No.1 of 2011 Jeyam ... Appellant/Petitioner Vs. 1.The Deputy Registrar of Co-operative Societies, Thirumangalam Circle, Madurai District. 2.The Special Officer, M.D.Spl.41, Vikkiramanagalam Primary Agricultural Co-operative Credit Society, (Formerly Known as MD.Spl.41, Vikkiramanagalam Primary Agricultural Co-operative Bank) Vikkiramangalam Post, Usilampatti Taluk, Madurai District. 3.Mr.Clarence Amarnath, The Domestic Enquiry Officer, M.D.Spl.41, Vikkiramanagalam Primary Agricultural Co-operative Credit Society, (Formerly Known as MD.Spl.41, Vikkiramanagalam Primary Agricultural Co-operative Bank) Vikkiramangalam Post, Usilampatti Taluk, Madurai District. ... Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 30.09.2010 in W.P.(MD) No.9396 of 2010 on the file of this Court praying for the issue of a Writ of Mandamus to direct the third respondent to implement the Order of regularization dated 29.11.96 bassed on the 1st and 2nd respondents by their proceedings RC.No.204747/92 PDS.2 dated 28.12.1994 and R.C.No.3960/95 PDS.3 dated 11.8.1995 respectively and consequently to grant attendant benefits to the Petitioners. https://hcservices.ecourts.gov.in/hcservices/ 2 For Appellant : Mr.N.Sathish Babu For Respondents 1&2 : Mr.M.Rajarajan, Government Advocate. JUDGMENT N.PAUL VASANTHAKUMAR,J. This writ appeal is filed challenging the order passed by the learned single Judge in W.P.(MD)No.9396 of 2010, dated 30.09.2010 dismissing the writ petition challenging the second show cause notice issued by the second respondent. 2.The appellant who is an employee of the second respondent society was suspended from service on 08.09.2008 on the ground that irregularities were found when the special squad inspected the fair price shop No.II which is run by the second respondent society. A charge memo was issued on 04.02.2010 and explanation was submitted by the appellant on 05.03.2010. An enquiry officer was appointed to conduct domestic enquiry and on 15.04.2010, the appellant appeared before the enquiry officer, the third respondent herein. 3.The grievance of the appellant is that the appellant has not been paid the subsistance allowance and he was also not permitted to peruse the documents. The enquiry officer submitted his report based on which a second show cause notice was issued by the second respondent. The appellant instead of submitting his reply to the second show cause notice and submitting his objections has chosen to challenge the same in the writ petition which was dismissed by the learned single Judge holding that the writ petition challenging the second show cause notice is premature and the appellant who is a co- operative society employee cannot file the writ petition straight away challenging any order/proceedings issued by the second respondent Special officer, in the light of the Larger Bench decision of this Court reported in 2006 4 CTC 689 (K.Marappan Vs.The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636 001 and another). If the petitioner has got any prejudice due to non payment of subsistence allowance, the appellant can very well raise the same or plead the same before the second respondent by submitting his explanation to the second show cause notice. Thus, the dismissal of the writ petition challenging the second show cause notice is justified. We do not find any ground to interfere with the order passed by the learned single Judge. The appellant is granted two weeks time to submit his objection before the second respondent regarding the second show cause notice and after receiving and considering the same, it is open to the second respondent to pass final orders in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 3 4.The writ appeal stands dismissed with the above observation. No costs. Consequently, connected miscellaneous petition stands closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Deputy Registrar of Co-operative Societies, Thirumangalam Circle, Madurai District. 2.The Special Officer, M.D.Spl.41, Vikkiramanagalam Primary Agricultural Co-operative Credit Society, (Formerly Known as MD.Spl.41, Vikkiramanagalam Primary Agricultural Co-operative Bank) Vikkiramangalam Post, Usilampatti Taluk, Madurai District. +One Cc to Mr.N.Sathish Babu, Advocate, SR.No.1095 +One Cc to Mr.M.Raja Rajan, Spl. Govt. Pleader, SR.No.1256 sms rl/5c – 12.01.2011 W.A.(MD) No.2 of 2011 10.01.2011 https://hcservices.ecourts.gov.in/hcservices/