The respondent could not be given the benefit of lapse of time to go scot-free, and the appellants were directed to complete the enquiry proceedings within a reasonable time.

R. SUBRAMANIAN, J.

1. The challenge in this intra Court Appeal is to the order of the learned Single Judge made in WP No.32143 of 2013, in and by which, this Court allowed the Writ Petition seeking issuance of Writ of Mandamus directing the 1st respondent in the Writ Petition, viz. the Registrar of Co-operative Society/the 1st appellant herein, to drop further proceedings in respect of impugned charge memo in RC No.1023 of 2002/ Pa1 (4), dated 04.05.2009.

The Writ Petition came to be filed in the following factual scenario.

2. The respondent was working as Co-operative Sub-Registrar was charge sheeted for certain delinquencies and a charge memo was issued to him on 04.05.2009. The same was also accompanied by a Statement of the substance of allegations and imputations made against him. The said charge memo was challenged by the respondent in WP No.14503 of 2009 before this Court. By an order dated 18.07.2011, this court while rejecting the challenge to the charge memo directed enquiry to be initiated pursuant to the charge memo and final orders to be passed within a period of six months from the date of receipt of a copy of the order. Thereafter, it is seen that the Government had appointed one Mr.K.Balachandran, I.A.S., the Commissioner of Civil Supplies and Consumer Protection as a common enquiry officer to go in to the charges framed against the respondent and the other delinquents. Since, the Enquiry Officer Mr.K.Balachandran, I.A.S., the Commissioner of Civil Supplies was transferred as the Chairman and Managing Director of the Tamil Nadu Cement Corporation, the Government appointed Mr.M.Basheer Ahmed, I.A.S as the Enquiry Officer to continue the enquiry proceedings.

3. In the mean time, the respondent had challenged the order of the learned Single Judge made in WP No.14503 of 2009 in WA No.1981 of 2011. It is not in dispute that the enquiry proceedings were stayed, during the pendency of the said Writ Appeal. By an order dated 06.12.2012, the Writ Appeal was dismissed with the direction to the Authorities to take up the Enquiry and complete the same within a period 6 months from the date of receipt of a copy of the judgment. The present Writ Petition was filed during December 2013 contending that the Enquiry has not been conducted, as per the directions of the Division Bench and therefore, the Authorities are not entitled to proceed with the enquiry after the expiry of six months granted by the Division Bench in WA No.1981 of 2011.

4. The said Writ Petition came to be allowed by the learned Single Judge by an order dated 20.03.2014 on two grounds, viz. (1) The direction of the Division Bench made in WA No.1981 of 2011 has not been complied with and (2) that the charges found in the impugned charge memo dated 04.05.2009 are similar to the charge memo dated 03.05.2006 for which the proceedings under Section 81 of the Cooperative Societies Act, were initiated and the respondent was relieved from all the charges by the Authority constituted under Section 81 of the Cooperative Societies Act, viz. the Deputy Registrar of Cooperative Societies. It is against the said judgment of the learned Single Judge, the respondents in the Writ Petition, viz. the Registrar of Cooperative Societies and the Principal Secretary to Government, Department of Cooperation have come forward with this appeal.

5. We have heard Mr.L.P.Shanmugasundaram, learned Special Govt. Pleader appearing for the appellants and Mr.A.P. Surya Prakash, learned counsel appearing for M/s.Ashok Chakravarthy, for the respondent.

6. Since no counter affidavit was filed in the Writ Petition, the respondents/appellants herein were directed to file an affidavit setting out the present stage of the enquiry proceedings. Pursuant to the said direction, the Joint Registrar, Office of Registrar of Cooperative Societies had filed an affidavit setting out the sequence of events. It is stated that after the disposal of the Writ Appeals by the Division Bench on 06.12.2012, since M