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2014 Supreme(Mad) 4135

N.PAUL VASANTHAKUMAR, P.R.SHIVAKUMAR
Joint Registrar/Administrator, M/s. Tiruthani Co-operative Sugar Mills Limited – Appellant
Versus
P. Siva Kumar – Respondent


Advocates Appeared:
For the Petitioner:S. Sivashanmugam, Advocate.
For the Respondent:R1, C.Prakasam, Advocate, R2 & R3, AL. Somayaji, Advocate General assisted by R. Bala Ramesh, Addl. Govt. Pleader.

Judgment

N. Paul Vasanthakumar, J.

1. This writ appeal is preferred against the order of the learned single Judge in W.P.No.25143 of 2011 dated 15.2.2012, wherein the first respondent herein has challenged the order of suspension issued by the appellant dated 18.3.2009 confirmed by the Commissioner of Sugars by order dated 31.10.2012 and for a direction to the appellant to restore the first respondent in service with all attendant benefits.

2. The learned single Judge while setting aside the order of suspension, incidentally held that the first respondent being an employee of the Co-Operative Society (Sugar Mills), is not a "public servant" as defined under the provisions of Prevention of Corruption Act, 1988 to attract the provisions of Sections 7 and 13 of the Act. Insofar as the said finding rendered by the learned single Judge, this writ appeal is filed by the appellant, which is also fully supported by the respondents 2 and 3.

3. The facts leading to filing of the writ petition by the first respondent are as follows:

(a) The first respondent was appointed as Assistant Cane Officer on 27.11.1982 at Perambalur Sugar Mills and was subsequently promoted as Cane Officer in charge o


















































































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