MR. P.DINESH Vs. DEPUTY REGISTRAR OF CO

JUDGEMENT

(1.) This writ petition is directed against the impugned order dated 25.1.2018 passed by the third respondent/Manager (In-charge), C- 1706, Sholingapuram Milk Producers Co-operative Society, Vellore District, wherein the Manager, who is put in-charge of the third respondent Milk Producers Co-operative Society has placed the petitioner under suspension, who was appointed as a Milk Vendor, on 1.9.2016 on daily wage basis by the President of the Milk Producers Co-operative Society on the basis of the Resolution No.5 dated 28.3.2017.

(2.) The learned counsel, appearing for the petitioner, assailing the impugned order, submitted that when the Manager (In-charge) of the third respondent/Milk Producers Co-operative Society, has no right or jurisdiction to pass any order of termination or suspension as a President of the second respondent/Milk Producers Co-operative Society, who is having control over the affairs of the Society as an Appointing Authority, the third respondent, who has been usurping the powers of President of the Cooperative Society, has wrongly, arbitrarily and without any authority ought not to have passed this order, therefore, the same is liable to be interfered with.

(3.) Mr. L.P. Shanmugasundaram, learned Special Government Pleader, appearing on behalf of the first respondent and Mrs.T.Girija, learned Government Advocate, appearing on behalf of the second and third respondents, also supporting the arguments of the learned counsel appearing for the petitioner, submitted that the Manager of the Co-operative Society, is not an Appointing Authority, when the President of the Co-operative Society is the Controlling Authority/ Appointing Authority. In support of her submission, the learned Government Advocate, appearing on behalf of respondents 2 and 3, also placing on record the Bye-laws of the Co-operative Society, submitted that as per Bye-law 13(i), the Manager cannot pass the impugned order removing the petitioner. It is necessary to extract the Bye-Law 13(i) as follows: