RENGANATHAN Vs. THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner was employed in the 4th respondent Co -operative Societies. He was dismissed from service by an order dated 31.03.2009, after an enquiry. The petitioner filed revision under Section 153 of the Tamil Nadu Co -operative Societies Act, 1983 before the second respondent against the aforesaid dismissal order. The second respondent passed an order in e.f.121510/2010/rg1 dated 20.05.2014, rejecting the revision petition preferred under Section 153 of the Tamil Nadu Co -operative Societies Act, 1983. The petitioner filed review before the first respondent on 20.11.2014 under Section 154 of the Tamil Nadu Co - operative Societies Act, 1983. The first respondent rejected the review objection summarily by the impugned order in Government letter No.24670rpvd;.2/2014 -1, dated 23.12.2014, on the ground that the review application was received beyond 90 days from the date of receipt of the order passed by the second respondent. This Writ Petition is to quash the order of dismissal and the order passed by the second respondent under Section 153 of the Tamil Nadu Co - operative Societies Act, 1983 and the order of the first respondent, rejecting the review application.

(2.) Learned counsel for the petitioner submitted that since the review application was rejected by the first respondent not on merits but on technical ground that the revision was filed beyond 90 days, the said order could be set aside and the matter could be remanded to the first respondent to pass orders on merits.

(3.) Learned counsel for the petitioner has also submitted that in fact there is no delay in filing the review as stated by the first respondent in the impugned order dated 23.12.2014. In the review application dated 13.10.2014, the petitioner has categorically stated that he received the order of the second respondent dated 20.05.2014 on 09.09.2014 and within 90 days the petitioner preferred review application as the review was preferred on 20.11.2014.