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2013 DIGILAW 2190 (MAD)

R. Vasudevan v. Registrar of Cooperative Societies, Chennai

2013-06-25

D.HARIPARANTHAMAN

body2013
JUDGMENT 1. The petitioner was appointed as Assistant in the third respondent Bank. The second respondent, exercising his suo motu power under Section 153(1) of the Tamil Nadu Cooperative Societies Act, passed an order, dated 17.5.2011 holding that the petitioner was appointed to the service in the third respondent bank in contravention of Rule 149 (2) and (3) of the Tamil Nadu Cooperative Societies Rules. 2. Based on the same, the petitioner was dismissed by the third respondent, by an order dated 27.1.2012. 3. The petitioner has filed an appeal under Section 75(5) of the Tamil Nadu Cooperative Societies Act against the aforesaid order before the first respondent. The first respondent passed an order dated 7.2.2012 directing the petitioner to prefer revision before the second respondent. 4. Thereafter, the petitioner filed a revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act before the second respondent in Revision Petition No.1194 of 2012. 5. Now, the petitioner has filed this writ petition seeking to quash the order dated 17.5.2011 of the second respondent, the order dated 27.1.2012 of the third respondent and the order dated 7.2.2012 of the first respondent and for a consequential direction to forbear the second respondent from disposing of the revision petition No.1194 of 2012. 6. Heard both sides. 7. The order, dated 17.5.2011 was passed by the Joint Registrar of the Cooperative Societies, Dharmapuri. Based on the same, the dismissal order dated 27.1.2012 was passed by the Special Officer of the third respondent Bank, who is also in the rank of Joint Registrar of Cooperative Societies. 8. In the said circumstances, as rightly contended by the learned counsel for the petitioner, the revision under Section 153 of the Tamil Nadu Cooperative Societies Act, shall be either heard by the first respondent or by some other authority, who is higher than the rank of the Joint Registrar of Cooperative Societies. 9. At this juncture, the learned counsel for the respondents has submitted that Additional Registrar of Cooperative societies (MPD), in the office of the Registrar of Cooperative Societies, could be directed to dispose of the revision petition No.1194 of 2012 in accordance with law. The learned counsel for the petitioner has no objection for the same. 10. 9. At this juncture, the learned counsel for the respondents has submitted that Additional Registrar of Cooperative societies (MPD), in the office of the Registrar of Cooperative Societies, could be directed to dispose of the revision petition No.1194 of 2012 in accordance with law. The learned counsel for the petitioner has no objection for the same. 10. In these circumstances, this writ petition is disposed of directing the Additional Registrar of Cooperative Societies (MPD), in the office of the Registrar of Cooperative Societies, Chennai to decide the Revision Petition No.1194 of 2012, which is pending with the second respondent, in accordance with law, within a period of four months from the date of receipt of copy of this order, after hearing both sides. The second respondent is directed to transmit the entire file relating to the Revision Petition No.1194 of 1012 to the Additional Registrar of Cooperative Societies, MPD, forthwith without any delay. No costs. Consequently, connected miscellaneous petitions are closed.