In a writ petition challenging a summons for a domestic enquiry, the Court observed that a new enquiry officer had been appointed and the petitioner was participating in fresh proceedings. Consequently, no further adjudication was required.
The writ petition and connected miscellaneous petitions stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.19142 of 2017 and W.M.P.(MD)Nos. 15529 and 15530 of 2017 P.Sheeja ... Petitioner Vs. 1.The Joint Registrar of Co-operative Societies, Nagercoil, Kanyakumari District. 2.The Deputy Registrar of Co-operative Societies, Thuckalay, Kanyakumari District. Pin: 629 175. 3.The Kunnathoor Primary Agricultural Coopoerative Credit Society Ltd., No.Y-55, Co-operative Bank Road, Pudukkadai, Pudukkadai P.O., Kanyakumari District. Pin:629 171, Represented by its President. 4.C.Mohandhas, President, Kunnathoor Primary Agricultural Co-operative Credit Society Ltd.,Y-55, Co-operative Bank Road, Pudukkadai, Pudukkadai P.O., Kanyakumari District. Pin:629-171. 5.V.H.S.Prathap, Advocate/Domestic Enquiry Officer of Kunnathoor Primary Agricultural Co-Operative Credit Society Ltd., No.Y-55, No.21/58B, Karungal Road, Thingal Nagar, Neyyoor Post, Kanyakumari Districkt. ... Respondents https://hcservices.ecourts.gov.in/hcservices/
... Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the fifth respondent, pertaining to his summons dated 03.10.2017 to the petitioner, on his file, quash the same.
For Petitioner : Mr.K.N.Thambi For R1 and R2 : Mr.R.Sethuraman Special Government Pleader
For R3 and R4 : Mr.M.Elango
ORDER
The learned counsel appearing on behalf of the fourth respondent made a submission that during the pendency of the writ petition, the letter given by the writ petitioner for change of enquiry officer was considered. By that time, the enquiry officer himself relieved from the enquiry proceedings. There after another enquiry officer was appointed and the writ petitioner is also in the process of participating in the enquiry proceedings. This being the factum, no further adjudication is required in this writ petition.
Sd/-
Assistant Registrar(CS-II) /True Copy/
Sub Assistant Registrar
To
1.The Joint Registrar of Co-operative Societies, Nagercoil, Kanyakumari District.
2.The Deputy Registrar of Co-operative Societies, Thuckalay, Kanyakumari District. Pin: 629 175.
+1CC to Mr.K.N.Thambi, Advocate, SR.No. 50115
+1CC to the Special Government Pleader SR.No.50589
W.P.(MD) No.19142 of 2017 21.02.2018
pnn
AM/SV MMS/SAR 4/14.03.2018/2P/5C
1 issue framed by the court
Whether the writ petition requiring quashing of a summons should be adjudicated upon when the petitioner is participating in reconstituted enquiry proceedings.
1 provisions across 1 enactments
P. Sheeja
Joint Registrar of Co-operative Societies
Deputy Registrar of Co-operative Societies
The Kunnathoor Primary Agricultural Co-operative Credit Society Ltd.
C. Mohandhas
V.H.S. Prathap
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
