Dismissed¶24

M.Ravichandran, v. the Joint Registrar of

Madras HC3 Feb 2025WP/20506/2012

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.20506 of 2012, decided 03.02.2025 by RMT.TEEKAA RAMAN, J. Cooperative society Secretary dismissed after departmental inquiry into 1996 irregularities; criminal case under Section 81 Tamil Nadu Co-operative Societies Act ended in acquittal but dismissal upheld on proved charges; Joint Registrar review order dated 29.03.2012 confirmed dismissal; writ dismissed also for failure to exhaust statutory appeal under Section 153 Tamil Nadu Cooperative Societies Act; petitioner superannuated; reinstatement with monetary and continuity benefits refused; no costs.

What did the court decide?

Although the criminal case against the petitioner resulted in an acquittal, the charges against him were proved, and his dismissal from service was based on those proved charges. ¶24

M.Ravichandran, Vs the Joint Registrar of — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order of the 1st respondent in Review Petition No.18/2011/Sa.Pa.(Na.Ka.13601/2011/Sa.Pa.) dated 29.03.2012 and the order of the 2nd respondent in proceeding No. “Nil” dated 15.05.1998 are liable to be quashed, and whether the petitioner is entitled to reinstatement as Secretary with monetary, continuity-of-service and attendant benefits notwithstanding the acquittal in the criminal case. +1 more

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Court's answer

Although the criminal case against the petitioner resulted in an acquittal, the charges against him were proved, and his dismissal from service was based on those proved charges.

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Ratio / Principle

The impugned order does not suffer from any legal irregularities; the petitioner has also reached the age of superannuation.

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Key takeaways

The writ petition fails also because the petitioner failed to avail the appropriate alternative remedy, having not filed any appeal under Section 153 of the Tamil Nadu Cooperative Societies Act.ratio¶24

Detailed headnote1 paragraphs

Writ Petition (Article 226) for certiorarified mandamus to quash the Joint Registrar of Co-operative Societies' order in Review Petition No.18/2011/Sa.Pa.(Na.Ka.13601/2011/Sa.Pa.) dated 29.03.2012 and the 2nd respondent's proceeding No. “Nil” dated 15.05.1998, and to reinstate the petitioner as Secretary of VT-702 Padagam Primary Agricultural Co-Operative Bank Ltd. with monetary, continuity-of-service and attendant benefits — dismissed. Held (RMT.TEEKAA RAMAN, J): (i) acquittal in the criminal case under Section 81 of the Tamil Nadu Co-operative Societies Act does not invalidate the dismissal, since the charges were proved in the departmental proceedings and the dismissal rested on the proved charges, the petitioner having committed serious irregularities in 1996 as Secretary and having since attained superannuation; (ii) the impugned order suffers no legal irregularity; and (iii) independently, the petitioner failed to avail the alternative remedy of appeal under Section 153 of the Tamil Nadu Cooperative Societies Act. Writ petition dismissed with no costs.

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W.P.No.20506 of 2012

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2025

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CORAM

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THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

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W.P.No.20506 of 2012

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M.Ravichandran S/o.Mohana Krishnan No.20D/3, Railway Road Indhira Nagar, Polur Polur Taluk, Thiruvannamalai District ... Petitioner Vs.

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1.The Joint Registrar of Co-Operative Societies Thiruvannamalai Region Thiruvannamalai.

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2.The Management of VT-702 Padagam Primary Agricultural Co-Operative Bank Ltd., Padagam Post, Polur Taluk Thiruvannamalai District Rep. by its Special Officer. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records of the Respondents, pertaining to the Order of the 1 st Respondent in Review Petition No.18/2011/Sa.Pa.(Na.Ka.13601/2011/Sa.Pa.), dated 29.03.2012 and the order of the 2 nd Respondent in proceeding No. “Nil” dated 15.05.1998 and quash the same and consequently direct the Respondents to reinstate the petitioner in

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https://www.mhc.tn.gov.in/judis

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W.P.No.20506 of 2012

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service as Secretary with monetary, continuity of service and all other attendant benefits.

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For Petitioner : Mr.K.Kannan for M/s.A.Bharathi For Respondents : Mr.S.Arumugam (for R1) Government Advocate Mr.M.Thirumoorthy (for R2) for Mr.L.P.Shanmuga Sundaram

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O R D E R

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This Writ Petition has been filed to call for the records of the

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Respondents, pertaining to the order of the 1 st Respondent in Review Petition No.18/2011/Sa.Pa.(Na.Ka.13601/2011/Sa.Pa.), dated 29.03.2012 and the order of the 2 nd Respondent in proceeding No. “Nil” dated 15.05.1998 and quash the same and consequently direct the Respondents to reinstate the petitioner in service as Secretary with monetary, continuity of service and all other attendant benefits.

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2.The first Respondent has already filed his counter affidavit. Heard the learned counsel for the first respondent and the learned counsel for the second respondent.

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3.A perusal of records reveals that t he criminal case arising under Section 81 of the Tamil Nadu Co-operative Societies Act has been concluded with an acquittal, which is one of the reasons for challenging the order of

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https://www.mhc.tn.gov.in/judis

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W.P.No.20506 of 2012

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dismissal by the petitioner in this writ petition. It is important to note that the petitioner has not filed any appeal under Section 153 of the Tamil Nadu Cooperative Societies Act.

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4.In the impugned order, the Joint Registrar of Co-operative Societies, Thiruvannamalai Region, Thiruvannamalai has observed that though the criminal case resulted in an acquittal, the charges against the petitioner were proved against him. As a result, the petitioner was dismissed from service based on the proved charges. The petitioner was alleged to have committed serious irregularities in 1996, while he was serving as the Secretary of the Society. Following an inquiry, he was removed from service. Furthermore, the petitioner has now reached the age of superannuation. In the light of the above, I find that the impugned order does not suffer from any legal irregularities, besides, the petitioner failed to avail the appropriate alternative remedy also. On the above both grounds, this Writ Petition is dismissed. No costs.

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03.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking Order/Non-Speaking Order

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sai

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https://www.mhc.tn.gov.in/judis

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W.P.No.20506 of 2012

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RMT.TEEKAA RAMAN. J, sai

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1.The Joint Registrar of Co-Operative Societies Thiruvannamalai Region Thiruvannamalai.

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2.The Management of VT-702 Padagam Primary Agricultural Co-Operative Bank Ltd., Padagam Post, Polur Taluk Thiruvannamalai District Rep. by its Special Officer.

W.P.No.20506 of 2012

Dated: 03.02.2025

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https://www.mhc.tn.gov.in/judis

M.Ravichandran, v. the Joint Registrar of

Case brief

What is this about?

What did the court decide?

M.Ravichandran, v. the Joint Registrar of

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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