This intra-court Writ Appeal challenged the Single Judge's order dismissing a petition seeking reinstatement after the appellant's dismissal from a cooperative society service. The bench upheld the dismissal order.
The Writ Appeal is dismissed confirming the order of dismissal passed by the Single Judge.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.06.2019
CORAM
The Honourable Mr.JUSTICE K.K.SASIDHARAN
and The Honourable Ms.JUSTICE P.T.ASHA
W.A.No. 2396 of 2013
M. Sivaprakasam ..Appellant/Petitioner vs 1. The Joint Registrar of Coopertative Societies, Cuddalore Region, Office of Registrar of Co-operative Societies, No.3, Beach Road, Cuddalore, Cuddalore District. 2. The Deputy Registrar of Co-operative Societies, Cuddalore Region, Cuddalore District. 3. The Special Officer, Melpattampakkam Primary, Agricultural Co.op. Credit Society, Melapattampakkam Post, Cuddalore District.
Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order of the learned Judge made in W.P.21953 of 2010 dated 12.04.2012dismissing the Writ Petition.
Prayer in W.P.21953 of 2010 : Petition under Article 226 of the constitution of India Praying for a writ of certioarified mandamus calling for the records records relating to the 1st respondent impugned order dated on 26.3.2010 Na.Ka.No.9342/2009 Thu.va.tha.1 and quash the same and direct the respondents to reinstate the petitioner in the same service and also grant all consequential benefits from 10.11.2008 to till date
For Petitioner : Mr. S. Ayyathurai
For Respondents : Mr. L.P. Shanmugasundar, Spl.GP for R1 and R2
Mr. M.S.Palaniswamy for R3
JUDGMENT (Judgment of the Court was delivered by P.T.ASHA, J)
The above intra-court Appeal is filed challenging the order passed in W.P.No.21953 of 2010 in and by which the Writ Petition filed by the appellant challenging his order of dismissal was dismissed by the learned Single Judge of this Court.
The appellant herein was employed as a Secretary with the 3rd respondent Cooperative Bank on 20.09.1983, in which post he continued till 09.11.2008. During his tenure, he had committed various irregularities and had failed to discharge his duties and mismanaged the affairs of the society. By reason of this, the society had incurred a loss of over Rs.1,60,00,000/-. Therefore, the appellant was suspended from service from 10.11.2008. Thereafter on 22.12.2008, the appellant was issued with a charge memo to which he had not submitted his explanation. Thereafter, the 3rd respondent society had appointed an Enquiry Officer and though he had not submitted his explanation, the appellant had participated in the enquiry fully. He had deposed before the Enquiry Officer, but however had not chosen to cross examine the witnesses on the side of the management.
enquiry report, the 3rd respondent by order dated 13.04.2009 dismissed the appellant from service.
Sd/Assistant Registrar(Insp.cell)
//True copy//
Sub Assistant Registrar
mrn
To 1. The Joint Registrar of Coopertative Societies, Cuddalore Region, Office of Registrar of Co-operative Societies, No.3, Beach Road, Cuddalore, Cuddalore District.
1 issue framed by the court
Whether the Writ Appeal challenging the dismissal of the appellant from service by the Single Judge should succeed.
M. Sivaprakasam
Joint Registrar of Cooperative Societies, Cuddalore Region
Deputy Registrar of Co-operative Societies
Special Officer, Melpattampakkam Primary Agricultural Co.op. Credit Society
Domestic Enquiry Officer
K.K. Sasidharan
P.T. Asha
As recorded by the court registry
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