R. Munisamy v. The Chairman and Joint Registrar of Co-operative Societies & Another
2010-01-28
K.CHANDRU
body2010
DigiLaw.ai
Judgment :- The petitioner was the Secretary of the second respondent Co-operative Society. The petitioners post comes under the Common Cadre Employment. An enquiry was conducted against the petitioner by Common Cadre Authority. Subsequently, by an order dated 23.12.2006, the petitioner was dismissed from service. The petitioner has come forward to challenge the said order. 2. The writ petition was admitted on 20.03.2007. Pending the writ petition, this Court refused to grant any interim order. The first respondent has filed a counter affidavit dated 15.06.2007. 3. A preliminary objection was taken with reference to the maintainability of the writ petition in the light of a larger Bench judgment of this Court in K.Marappan Vs. The Deputy Registrar of Cooperative Societies, Namakkal Circle, Namakkal and another reported in ( 2006 (4) CTC 689 ). 4. The petitioner states that he belonged to the common cadre and since common cadre authority is a functionary of the state Government, the writ petition will lie. But however, a perusal of Section 75(5)(b) of the Tamil Nadu Co-operative Societies Act, 1983 shows that aggrieved by an order passed by common cadre authority, a regular appeal lies to the Registrar and that Registrar has power to pass even an interim order in terms of the second proviso to Section 75(5(b). 5. In the light of the above, the writ petition stands dismissed. No costs. However, this will not prevent the petitioner from moving the appellate authority in the manner known to law.