Madras High Court

WP(MD)/10656/2025 of Selvanathan J Vs The Joint Registrar of Co-Op on 12 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12-10-2026

CORAM

THE HON'BLE MR JUSTICE B.PUGALENDHI

WP(MD) No. 10656 of 2025

CNR:{HCMD010468022025}

and WMP(MD)No.7927 of 2025

Selvanathan J

S/o. Jeyabal,

1/147, Vellalar Street,

Thiruvettriyur,

Thiruvadanai Taluk,

Ramanathapuram District.

..Petitioner(s)

Vs

1. The Joint Registrar of Co-Operative Societies /

Common Cadre Authority

Regional Joint Registrar of Co-operative Societies, Collectorate Campus, Ramanathapuram.

2. The Deputy Registrar of Co-op. Societies Vandikkara Street, Ramanathapuram Circle, Ramanathapuram.

3. NN 565 Thiruvetriyur Primary Agricultural Cooperative Credit Society By its Administrator, Thiruvetriyur, Thiruvadanai Taluk, Ramanathapuram District.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus,

calling for the records of the 1st respondent relating to order of suspension dated 28.03.2025 in Na.Ka. 3318/2024/C1, quash the same and direct the respondents to pay the terminal benefits to the petitioner.

For Petitioner(s):

Mr.T.Ravichandran

Advocate

For Respondent(s):

Mr.M.Mahaboob Athiff,

Special Government Pleader

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ORDER

The petitioner, a Secretary of the 3rd respondent Society, was placed under suspension by order dated 28.03.2025 just two days prior to the date of his superannuation. Challenging the same, the petitioner has filed this writ petition.

2. The learned counsel appearing for the petitioner submits that a Secretary of the Society comes under Common Cadre Service Regulation. By relying upon the Common Cadre Service Rules, the learned counsel submits that there is no provision in the Common Cadre Service Rules, enabling the Management to retain a person, after attaining the age of superannuation. Since the petitioner was due to retire on 31.03.2025, he cannot be placed under suspension till date. Therefore, he seeks to quash the order of suspension.

3. On the other hand, the learned Special Government Pleader, by referring to Special Bye-law of the 3rd respondent Society, submits that if an inquiry into grave charges have been contemplated, an employee can be retained in service under suspension. He has also relied upon a Judgment of the Hon’ble Full Bench of this Court in S.Andiyannan vs. The Joint Registrar, Co-operative Societies, Madurai Region, Madurai-2 and another reported in 2015 (4) CTC 1 and submits that if the Special Bye-law empowers the employer to continue the departmental proceedings, the employer can proceed with the disciplinary proceedings against the employee. Therefore, no interference is required in this case.

4. Clause 31 of the Special Bye-law of the 3rd respondent Society provides for suspension and the same is extracted as under:

31. Suspension

(1) An employee of the society may be placed under suspension from service where:

(i) an inquiry into grave charges against him is contemplated or pending; or

(ii) a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest or in the interest of the society: Provided that an employee who is detained in custody whether on a criminal charge or otherwise for a period longer than forty eight hours shall be deemed to have been suspended under this clause.

(2) The authority competent to suspend an employee may grant to the employee suspended, subsistence allowance in accordance with the provisions of the Tamil Nadu Payment of Subsistence Allowance Act 1981.

(3) The period of suspension already undergone may also be awarded as a penalty to an employee to the extent considered necessary by the authority imposing the penalty.

(4) The employee under suspension shall not be allowed to retire on attaining the age of superannuation. His suspension shall be deemed to have been extended till the disposal of the disciplinary proceedings against him. During the extended period, the service rights accrued to the employee shall freeze on the date of superannuation and the employee shall not be entitled for subsistence allowance.

5. Moreover, the Hon’ble Full Bench of this Court, in S.Andiyannan vs. The Joint Registrar, Co-operative Societies, Madurai Region, Madurai-2 and another reported in 2015 (4) CTC 1. has held as follows: “Under the Tamil Nadu Co-operative Societies Act, 1983, once an Employee retired from service, there could be no authority vested with the Employer for continuing any Disciplinary proceeding, in the absence of relevant Service Rules permitting the Employer to continue the Disciplinary proceeding. In other words, if there is no Service Rules or Bye-law of the Society empowering the Employer to continue the Departmental proceeding, the Employer would have no authority to continue the Departmental proceeding after the retirement of the Employee.”

6. In the case on hand, it is clear that Clause 31 of the Bye-law of the 3rd respondent Society provides for suspension if an inquiry into grave charges against an employee is contemplated or pending. It is further specifically mentioned that the employee under suspension shall not be allowed to retire on attaining the age of superannuation. Therefore, this Court is not inclined to entertain this writ petition.

7. Accordingly, this writ petition is dismissed with liberty to the respondents to proceed with the disciplinary proceedings as per Clause 31 of the Special Bye-law of the Society. No costs. Consequently, connected miscellaneous petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ogy To

1. The Joint Registrar of Co-Operative Societies / Common Cadre Authority Regional Joint Registrar of Co-operative Societies, Collectorate Campus, Ramanathapuram.

2. The Deputy Registrar of Co-op. Societies Vandikkara Street, Ramanathapuram Circle, Ramanathapuram.

3. NN 565 Thiruvetriyur Primary Agricultural Cooperative Credit Society By its Administrator, Thiruvetriyur, Thiruvadanai Taluk, Ramanathapuram District.

B.PUGALENDHI, J. ogy WP(MD) No. 10656 of 2025 12-10-2026

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