IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 24.11.2025 Pronounced on : 28.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR W.P.No.3759 of 2019 and W.M.P.No.4154 of 2019 C.Anbazhagan ... Petitioner vs

1. The Joint Registrar of Cooperative Societies/

Revision Officer, Vilupuram Region, Vilupuram.

2. The President, Kazhumaram Primary Agricultural Co-operative Loan Society Ltd., Kazhumaram Post, Thirukovilur, Vilupuram … Respondents Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the first respondent in his proceedings No.Na.Ka.2901/2018 Sa.Pa, dated 11.10.2018 and to quash the same as being illegal and unsustainable in law and consequentially direct the respondents to restore the petitioner in the post of Secretary with effect from 14.01.2016 with arrears of salary and all other consequential benefits including seniority and pass orders.

For Petitioner : Mr.R.Ramachandran for Mrs.N.Kavitha Rameshwar For Respondents : Mrs.V.Yamunadevi Special Government Pleader for R1 : Mr.L.P.Shanmugasundaram for R2

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the first respondent and the learned counsel for the second respondent and perused the records.

2. The petitioner, by the present writ petition, had sought for issuance of writ of certiorarified mandamus, to call for the records relating to the impugned order passed by the first respondent, in his proceedings dated 11.10.2018 and to quash the same as illegal and unsustainable in law with a consequential direction to the respondent to restore the petitioner in the post of Secretary with effect from

01.04.2016 and to grant all consequential benefits including seniority.

3. The case of the petitioner in brief is that, he was initially appointed as Salesman on daily wage basis on 12.12.1992; that his services were regularized on 21.07.1996; and that he was promoted as Clerk on 20.07.2000 and thereafter, as Senior Clerk on 21.06.2006.

4. It is the further case of the petitioner that, while working as Senior Clerk, he was promoted as Secretary of the second respondent/Co-operative Society on 27.04.2014; that he had rendered unblemished service in the respondent's Society through out commencing in December, 1992; that he was issued with the order of suspension dated 27.04.2015, stating that the disciplinary proceedings are contemplated against him; that thereafter, he was issued with a charge memo dated 20.07.2015, containing four articles of charge, and was called upon to submit his explanation; that he submitted his explanation on 10.08.2015; and that enquiry proceedings were conducted by the Enquiry Officer appointed by the second respondent.

5. It is the further case of the petitioner that the Enquiry Officer by conducting enquiry proceedings, submitted his report dated 20.10.2015, stating that the charges against the petitioner are proved; that the second respondent on receiving the aforesaid enquiry report, by communication dated 19.12.2015, called upon him to submit explanation/reply to the show cause notice; that on 04.01.2016, he had sought time to submit explanation; and that the second respondent, without considering the request made by him, passed order dated 07.01.2016, rejecting the request for further time and passed an order of punishment dated 14.01.2016, demoting him from the post of Secretary to the lowermost post of Salesman, which is four posts lower in rank.

6. The petitioner further contended that, on the second respondent issuing the aforesaid order of punishment demoting him from the post of Secretary to the lowermost post of salesman, he had approached this Court by filing writ petition vide W.P.No.4644 of 2016 and this Court, by order dated 08.02.2016, granted an interim order of status quo; that on the date of interim order of this Court i.e., 08.02.2