SPECIAL OFFICER ATOMIC ENERGY EMPLOYEES CONSUMER COOPERATIVE STORES LTD Vs. JOINT REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE Appellant/Petitioner has projected this Writ Appeal as against that portion of the order dated 30.11.2009 passed by the Learned Single Judge in W.P.No.14118 of 2009 in so far as it is against the society.

(2.) THE Learned Single Judge while passing orders in W.P.No.14118 of 2009 dated 30.11.2009 filed by the Appellant/Petitioner as among other things observed in paragraph 6 as follows: "THE first respondent, while going into the correctness of the order placing the second respondent under suspension, without confining its revision conferred under Section 153 of Tamil Nadu Co-operative Societies Act, 1983, on the ground that there was a bias said to have been noticed by the first respondent, had gone beyond the scope of revisionel jurisdiction and set aside the entire disciplinary proceedings and thereby exceeded his jurisdiction. THErefore, this Court is inclined to set aside the impugned order passed by the first respondent. While doing so the petitioner is directed to proceed afresh as if there was no charge made against the second respondent by giving him a fresh notice and affording reasonable opportunity. Further, the period during which the second respondent was under suspension is treated as the period on duty. Further the petitioner shall pay subsistence allowances in accordance with law. Since the matter is pending for a long time, the petitioner shall dispose the matter within five months from the date of receipt of a copy of this order."

(3.) THAT apart, it is the submission of the Learned counsel for the Appellant that the Learned Single Judge ought to have adverted to the fact that already a Charge Memo dated 24.02.2009 has been issued to the Second Respondent. Moreover, he has been called upon to offer his explanation dated 06.03.2009 to the charges levelled against him.