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2007 Supreme(Mad) 2830

A.P.SHAH
T. K. Ananda Sayanan – Appellant
Versus
The Joint Registrar, Co-operative Societies, Vellore Region, Vellore & Another – Respondent


Advocates:
For the Appellant :G. Jeremiah, Advocate. For the Respondents: Raja Kalifulla, Govt. Pleader assisted by V.R. Thangavelu, A.L. Somayaji, Senior Counsel Amicus Curiae appointed to assist the court.

Judgment :-

Prabha Sridevan, J.

The question posed before the Full Bench is whether the protection of Article 21 of the Constitution of India can be invoked in each and every case of suspension, termination or other orders passed in relation to the services of an employee of a co-operative society and whether a writ petition can be filed on that basis.

2 (i) The appellant claims to have been given charge as a Secretary of the second respondent-Co-operative Society from 01-09-2006. On 23-01-2007, one Pitchandi was transferred as Secretary of the second respondent. Since the appellant feared that his avenue of promotion would be curtailed, he filed W.P.No.6712 of 2007 to quash the order dated 23-01-2007. Interim order was granted on 26-02-2007 and the petitioner continued as Secretary in the second respondent-society. Thereafter, the second respondent placed the appellant under suspension by order dated 14-03-2007 allegedly in order to circumvent the order of stay.

(ii) The petitioner filed W.P.No.11069 of 2007 to quash the said order of suspension. This was dismissed by the learned Judge on 26-03-2007 relying on the decision of the Larger Bench of this Court in K. Marappan Vs. The















































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