In this writ petition, the petitioner, the bank's Director, sought a writ of Mandamus directing co-operative society officials to take disciplinary action against an employee. The Court held that such decisions are for the employer's management to decide and issued no directions, dismissing the writ petition.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 05.03.2019
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.3713 of 2018
R.Moshithiyan
... Petitioner
Vs.
1.The Registrar of Co-operative Societies, Office of State Registrar Office, Natarajan Maligai, Kilpauk, Chennai.
2.The Managing Director, Kanyakumari District Central Co-operative Bank, Nagercoil, Kanyakumari District.
3.R.Kangaraj ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the first respondent to take action against the second and third respondents as per the resolution of Kanyakumari District Central Co-operative Bank Executive Committee dated 07.02.2017, 12.05.2017, 16.09.2017 in the light of the petitioner's representation dated 26.10.2017.
For Petitioner : Mr.H.Thayumanaswamy For R1 : Mr.M.Karuppasamy Government Advocate For R2 & R3 : Mr.D.Shanmugharaja Sethupathy
ORDER
Heard the learned counsel on either side.
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Sd/-
Assistant Registrar (P AND A)
// True Copy //
Sub Assistant Registrar(CS)
To
The Registrar of Co-operative Societies, Office of State Registrar Office, Natarajan Maligai, Kilpauk, Chennai.
+1cc to M/s.Special Government Pleader,SR.No. 51969 +1cc to Mr.H.THAYUMANASWAMY, Advocate, SR.No.51879 +1cc to Mr.D.SHANMUGHARAJA SETHUPATHI, Advocate, SR.No.51765
W.P(MD)No. 3713 of 2018 05.03.2019
RMK KK/SAR-/19.03.2019/2P-5C
1 issue framed by the court
Whether a writ court can direct the management of a cooperative bank to take disciplinary action against an employee at the instance of a third party.
Colour shows how this judgement treated each authority
Rajnit Prasad Vs. Union of India and othersReferred¶3
(2000) 9 SCC 313 (Rajnit Prasad Vs. Union of India and others) · Who else cites this
R. Moshithiyan
The Registrar of Co-operative Societies
The Managing Director, Kanyakumari District Central Co-operative Bank
R. Kangaraj
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
