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Madras High Court · body

2013 DIGILAW 2116 (MAD)

V. Balasubramanian v. Special Officer, Kandithampettai Primary Agricultural Cooperative Society Ltd.

2013-06-20

D.HARIPARANTHAMAN

body2013
Judgment :- 1. The petitioners are members of the first respondent Cooperative society. According to them, the 5th respondent, while he was working as Secretary of the society, committed various grave misconducts. According to the petitioners, those grave misconducts also amount to grave offences punishable under the Criminal law. But, the first respondent society only proceeded against the 5th respondent departmentally and imposed punishment of withholding of increment and also demoted him to a lower post. But, no criminal action was taken. Hence, the petitioners have filed this writ petition seeking for a direction to take criminal action against the 5th respondent. 2. Heard the learned counsel for the petitioners. I am not inclined to agree with the submissions made by the learned counsel for the petitioners. It is for the employer to decide as to whether criminal action also should be taken against the employee on the same set of facts. 3. In this case, admittedly, the first respondent society proceeded against the 5th respondent departmentally and also imposed punishment. If the first respondent did not think to take criminal action, this court is not inclined to interfere with the discretion of the first respondent in those matters. Hence the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.