BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED : 14/07/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.5797 of 2006 and W.P.M.P.No.1 Of 2006 S.Balasubramanian ... Petitioner Vs. 1.The Deputy Registrar of Co-operative Societies, Public Distribution System,' O/o.Joint Registrar of Co-operative Societies, Collectorate Complex, Virudhunagar District. 2.S.Natarajan, Inspection Officer, Field Officer, C/o.Deputy Registrar of Co-operative Societies, Aruppukottai, Virudhunagar District. 3.The Special Officer, A-1579, Sivakasi Co-operative Stores Ltd, Gnanagiri Street, Sivakasi, Virudhunagar District. ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for records of the third respondent in proceedings dated 28.06.2006, and quash the same. !For Petitioner ... Mr.J.Parekhkumar ^For Respondents ... Mr.K.Bhaskaran. Additional Government Pleader :ORDER
Mr.K.Bhaskaran, learned Additional Government Pleader, takes notice on
behalf of the respondents.
2. Heard the learned counsel appearing for the petitioner and also the
learned Additional Government Pleader, appearing for the respondents. By consent
of both counsel, the writ petition is taken up for final disposal.
3. This writ petition is filed challenging the order of the third
respondent in his proceedings dated 28.06.2006.
4. The case of the petitioner is that the third respondent has passed the
impugned order dated 28.06.2006, in and by which, suspending the petitioner, who
is a sales man of the fair price shop with effect from 28.06.2006, for a period
of three months, prima facie on the charge of some irregularities in the fair
price shop.
5. The impugned order passed by the third respondent is challenged by the
petitioner on the ground that it is not in conformity with Section 76 (1)(a) &
(1)(b) of the Tamil Nadu Co-operative Societies Act. A perusal of the impugned
order even though, shows that he is prima facie satisfied that there is some
irregularities and mentioning the period of suspension, the words i.e., ‘in the
interests of the Society or in the public interest’ do not find place.
6. In view of the said circumstances, the petitioner would rely upon a
similar order passed by this Court dated 09.12.2002, passed in W.P.No.43265 of
2002, wherein, this Court, while setting aside the order of the respondent a
direction was given to the respondent to proceed against the petitioner, in
accordance with law.
7. The learned Additional Government Pleader, would fairly submit that the
words, ‘interests of the Society or the public interest’ are not available in
the impugned order, and, therefore, the impugned order passed by the third
respondent may be set aside, by giving liberty to the respondents to proceed
against the petitioner and pass fresh orders.
8. In view of the submissions made and also the earlier order passed by
this Court, the Writ Petition stands allowed and the impugned order passed by
the third respondent is set aside, giving liberty to the respondents to proceed
against the petitioner, in accordance with law, if they advised to do so,
without being influenced by the present order passed by the third respondent,
which is set aside.
9. With the above observations, the writ petition is allowed.
Consequently, the connected M.P is closed. No costs.
nb
To
1.The Deputy Registrar of Co-operative Societies,
Public Distribution System,’
O/o.Joint Registrar of Co-operative Societies,
Collectorate Complex,
Virudhunagar District.
2.S.Natarajan,
Inspection Officer,
Field Officer,
C/o.Deputy Registrar of Co-operative Societies,
Aruppukottai,
Virudhunagar District.
3.The Special Officer,
A-1579, Sivakasi Co-operative Stores Ltd,
Gnanagiri Street, Sivakasi,
Virudhunagar District.