Dismissed

Kalarani, v. the Range Deputy

Madras HC7 Mar 2013WP(MD)/3574/2013

Case brief

AI extract

What is this about?

The petitioner challenged his suspension via a writ petition under Article 226, arguing the second respondent lacked competency to act as his own judge. The Madurai Bench held the officer was competent, the suspension was not final, and no merits were found, dismissing the petition.

What did the court decide?

The writ petition was dismissed with no costs. Connected miscellaneous petitions were closed.

Kalarani, Vs the Range Deputy — Service and Employment | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.03.2013

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CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN W.P.(MD)No.3574 of 2013

Kalarani

.. Petitioner

Vs.

1.The Range Deputy Registrar, Thanjavur District State Government Employee Co-operative Society,

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Ganapathy Nagar, Thanjavur.

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2.The Senior Inspector/Special Officer, Thanjavur District State Government Employee Co-operative Society, Ganapathy Nagar, Thanjavur. .. Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records connected with the suspension order passed by the Respondent No.2 dated 18.01.2013 and quash the same as illegal, consequently to direct the respondent No.2 to reinstate the petitioner with all consequential service benefits.

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For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Murugan,

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Government Advocate.

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Mr.M.Murugan, learned Government Advocate, takes notice on behalf of the respondents. By consent of both the parties and also considering the relief prayed for, the writ petition itself is taken up for final disposal.

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The petitioner was suspended by the second respondent by passing order dated 18.01.2013, the same is challenged in this writ petition.

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It is submitted by the learned counsel for the petitioner that it is seen from the suspension order that the petitioner has not obeyed the orders of the second respondent and his work was not satisfactory to the second respondent and in the interest of the Cooperative Societies and in Public interest, the petitioner was placed under suspension from 18.01.2013. Therefore, when the second https://hcservices.ecourts.gov.in/hcservices/ respondent found fault with the petitioner, he cannot pass the order of suspension. He further submitted that the petitioner filed an

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appeal before the first respondent and the first respondent also rejected the appeal. He therefore, submitted that the second respondent cannot be the judge of his own cause and having stated that his orders were not obeyed, he cannot pass the order of suspension.

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I am unable to accept the contention of the learned counsel for the petitioner. Admittedly, the second respondent is the competent officer to pass the order of suspension and he has also stated the reason for suspending the petitioner. While passing the order of suspension, no final decision has been taken and at this stage it cannot be presumed that the second respondent is going to take a final decision on the charges that may be levelled against the petitioner as stated in the suspension order. Further, suspension order was challenged by the petitioner before the first respondent and the first respondent has also rejected the appeal by order dated 19.02.2013 and that order has not been challenged.

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Hence, at this stage, the submission of the learned counsel for the petitioner that the suspension order is liable to be set aside as the second respondent has no competency to issue the order of suspension cannot be accepted and I do not find any merits in this writ petition.

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Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Deputy Registrar(A/C)

/True Copy/

Assistant Registrar

1.The Range Deputy Registrar,

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Thanjavur District State Government Employee Co-operative Society,

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Ganapathy Nagar, Thanjavur.

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2.The Senior Inspector/Special Officer, Thanjavur District State Government Employee Co-operative Society, Ganapathy Nagar,Thanjavur.

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+1cc to Mr.R.Alagumani, Advocate, Sr.No. 13092

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+1cc to Special Government Pleader, Sr.No. 13046

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vsm

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https://hcservices.ecourts.gov.in/hcservices/ SMA/21.03.2013/5C/2P

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W.P.(MD)No.3574 of 2013 07.03.2013

Kalarani, v. the Range Deputy

Case brief

What is this about?

What did the court decide?

Kalarani, v. the Range Deputy

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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