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2013 DIGILAW 1145 (MAD)

M. Annadurai v. Joint Registrar of Coop Societies, Perambalur Region, Perambalur

2013-02-27

VINOD K.SHARMA

body2013
Judgment :- 1. The petitioner has approached this Court to challenge the order No. Na. Ka. 6360/ 2008 / Sa. Pa. dated 04.12.2008, placing the petitioner under suspension pending departmental proceedings. 2. The petitioner was suspended from service on 17.09.2008, against which the petitioner preferred a statutory revision under Section 153 of the Tamil Nadu Cooperative Societies Act, before the Joint Registrar of Co-operative Societies. 3. The revision petition was disposed of by observing that in case of reinstatement, petitioner is likely to interfere with the enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act. 4. It is admitted case of the petitioner that on the same set of charges, on which departmental enquiry was being held, a criminal case was also registered vide C.C. No. 161-184/2007 for offences under sections 465, 468, 471, 408, 477(A), 201 IPC. 5. The petitioner was convicted, but was released on probation under the Probation of Offenders Act. 6. The petitioner, therefore, has challenged the order passed by respondent No.1 in declining to interfere with the order of suspension. 7. The writ petition is totally misconceived. The employer has absolute right to place an employee under suspension, if the departmental proceedings for serious misconduct are contemplated or pending against the employee. 8. It is not in dispute that the petitioner was facing departmental enquiry when the impugned order was passed. Respondent No.1, therefore, rightly did not exercise the revisional jurisdiction to interfere with the order of suspension, as suspension is not a punishment which could be challenged in a revision or can be challenged by invoking the writ jurisdiction. 9. No merit, dismissed. No costs. Consequently, connected M.P. is dismissed.