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Justice R Suresh Kumar observed that the petitioner’s counsel relied on the Police Standing Order (PSO) 67 which says that if an employee is acquitted by a criminal court, the police department ordinarily should not go for disciplinary proceedings for the same charges and should reinstate the employee.
by Sekar Reporter · Published September 7, 2020
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senior counsel Satish Parasaran, representing Sriranganathar Temple management, said he would prefer to contest the case through virtual hearing since his father was an aged person. The senior counsel did not want to take any risk by attending physical hearing of cases.
by Sekar Reporter · Published September 5, 2020
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THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition Nos.22770 ,24199 and 24384 of 2023 and The Special Officer, Varadarajaswami Silk Handloom Weavers Co-operative Society, G.No.2105, 437, Gandhi Road, Kancheepuram, Chengalput District and others Vs T.Anbalagan and others, relied on by the learned counsel for the petitioners, the appointment of Special Officers contrary to Section 33(5) of the Act came up for consideration. The Division Bench of this Court by relying on Section 33(5) of the Act held that any member of the board holding Office by election or nomination on the date of coming into force of new Co-operative Societies Act (13.04.1988) shall continue in Office until a date of expiry of the term is specified by the Government notification. Since no notification was issued by the Government as mentioned under Section 33(5) of Act, it was held that appointment of Special Officer was bad and the members of the board as on 13.04.1988, were entitled to continue till notification by the Government as contemplated under said Section. Therefore, the said case law will not advance the case of the petitioner that under Section 33(10) (a) of the Act, the term of elected members of the board shall commence only from the date of election of office bearers. It is settled law, while interpreting a section, the Court shall go by literal meaning of the provisions unless, there is an ambiguity in the provisions. As far as Section 33(10) (a) of Co-operative Societies Act is concerned, there is no ambiguity in the provision. It clearly declares that term of office of elected members of the board shall be five years. When there is no express provision suggesting term of office shall commence from a later date, I am inclined to hold that the term of office shall commence only from the date of election. As discussed earlier, such interpretation goes in tune with the relevant constitutional provisions that stood on the date of Tamil Nadu Act 4 of 2013. Merely because due to some reasons or other the office bearers of the board were not elected immediately or board could not start function, we cannot extend the term of office by prescribing later date for commencement of term, in the absence of such a legislative intent. In view of the discussions made earlier the contentions raised by the learned counsel appearing for the petitioners are not acceptable to this Court and the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 13.09.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ub To 1.The Registrar of Co-operative Societies/State Election Officer, No.170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai – 600 010. 2.The Joint Registrar of Co-operative Societies, Tirupur Region, Tirupur. 3.The President, Management of T.P.SPL.29, Sivan Malai Primary Agricultural Co-operative Societies, Sivanmalai, Tirupur. Tamil Nadu State Co-operative Societies Selection Commission, Kamadenu Super Market Building, No.273, Scheme Road, Subbarayan Nagar, Subbarayan Nagar, Teynampet, Chennai – 600 018. 5.The Joint Registrar of Co-operative Societies, Dharmapuri Region, (Full Additional Charge)., Dharmapuri. 6.The Administrator, KK 159-A, Sekkarapatti Primary Agricultural Co-operative Credit Society Ltd., A.Sekkarapatti Adagapadi Post, Dharmapuri District. 7.The Registrar of Co-operative Societies/State Election Officer, State Election Officer, No.170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai – 600 010. 8.The Registrar of Co-operative Societies (Housing), Chennai. 9.The Secretary, Management of K 1917 Tiruppur Co-operative Housing Society, No.108-A, Gemani Complex, Kumaran Road, Tirupur – 641 601. S.SOUNTHAR, J. ub Writ Petition Nos.22770 ,24199 and 24384 of 2023 13.09.2023.For Petitioner : Mr.L.P.Shanmugasundaram For Respondents: Mr.R.Shanmugasundaram Advocate General Assisted by Mrs.S.Anitha Special Government Pleader and Miss.A.S.Shakeena for R1 and R2 Mrs.S.Anitha Special Government Pleader for R3 Mr.U.Karunakaran Co-operative Election Commission for R4 (ii) W.P.No.24199 of 2023
by Sekar Reporter · Published September 18, 2023