R. Manimegalai v. Joint Registrar of Cooperative Societies, Karur
2015-01-19
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. The petitioner has filed this writ petition challenging the Enquiry Report submitted by the fifth respondent, dated 22.12.2014. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first and second respondents and the learned Special Government Pleader appearing for the third respondent and perused the materials placed before this Court. 3. The grievance of the petitioner is that the fifth respondent being the Enquiry Officer, ought to have weighed the documents placed before him and its genuineness and authenticity before reaching the just conclusion. It is his further grievance that none of the documents relied upon by the management have no acknowledgment at all. The petitioner further contended that the person, who deposes in evidence, must have direct knowledge on the issue and however, the fourth respondent has not even appeared before the enquiry and on the other hand, he has sent one T.Sumathi who is Secretary In-charge of the Society who appeared before the enquiry. Therefore, it is contended by the petitioner that the finding arrived by the Enquiry Officer is not at all sustainable. 4. I am not able to appreciate the contention raised by the petitioner. First of all, it is only a report filed by the Enquiry Officer and the petitioner has got ample opportunity to furnish his objections on the Enquiry Report. In fact, through proceedings dated 27.12.2014 enclosing the Enquiry Report, the President of the Co-operative society sought for the remarks/reply from the petitioner. When that being the factual position, I do not think that this Court, at this stage, can go into the merits of the report. Even otherwise, the petitioner is entitled to canvass all these points, once a final order is passed against him in the disciplinary proceedings. Therefore, I find that the writ petition is highly misconceived and consequently, the same is dismissed as devoid of merits. However, it is open to the petitioner to furnish the reply/objection to the Enquiry Report to the fourth respondent, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.