R. Dhanalakshmi v. Registrar of Co-operative Societies, Chennai
2015-02-17
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment :- 1. This Writ Petition is filed challenging the order of suspension dated 01.07.2014, passed by the third respondent. 2. The case of the petitioner is that the impugned order of suspension was passed erroneously without considering the facts and also with a mala fide intention that since the petitioner has already made certain complaints against the other officials with regard to some irregularities being committed in the accounts. 3. The learned Counsel appearing for the petitioner submitted that the charge memo given to the petitioner also does not say that the petitioner has misappropriated the funds and on the other hand, it referred as though the petitioner made some wrong entries. Therefore, he submitted that continuation of petitioner's suspension cannot be justified, more particularly, under the circumstance when the petitioner is now transferred to another place from the place of the alleged delinquency. He further submitted that the petitioner has already made a representation on 22.08.2014 to the second respondent seeking revocation of suspension and the same has not been considered so far. 4. A counter affidavit is filed by the third respondent justifying the order of suspension. 5. This Court at this stage is not inclined to go into the rival contentions made by the parties in respect of the allegations made against the petitioner in the charge memo as it is for the disciplinary authority to hold the enquiry and pass final orders on the charges levelled against the petitioner. 6. As the learned Counsel appearing for the petitioner contended that the petitioner was transferred to another place namely Kamaraj Nagar Fair Price Shop, from the place of delinquency and considering the fact that the suspension order was also issued as early as on 01.07.2014, it is for the second respondent to consider the representation of the petitioner seeking revocation of suspension and pass orders on the same within a period of two weeks from the date of receipt of a copy of this order. Needless to say that the disciplinary proceedings initiated against the petitioner can be continued and final orders can be passed without any loss of further time, however, within a period of four months from the date of receipt of a copy of this order. 7. The learned Counsel appearing for the petitioner submits that the petitioner has sought for certain documents for giving reply to the charge memo.
7. The learned Counsel appearing for the petitioner submits that the petitioner has sought for certain documents for giving reply to the charge memo. If any such request is made, it is for the third respondent to consider and furnish relevant documents to the petitioner and conduct the disciplinary proceedings and pass final orders on the same as stated supra. 8. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous petition is closed.