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G. Senthilvel vs 2 The Special Officer

Madras High Court|15 March, 2017

JUDGMENT / ORDER

Mr. L.P. Shanmugasundaram, learned Special Government Pleader, accepts notice for respondents.
2 The petitioner was appointed as Secretary in the second respondent society on 14.07.1999. Alleging certain irregularities qua sanction of loan of Rs.36,62,115/-, an enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983, was ordered against the petitioner. The Enquiry Officer, in his report, recommended for initiation of criminal case, surcharge proceedings and disciplinary proceedings as against the petitioner, pursuant to which, the second respondent conducted disciplinary proceedings and removed the petitioner from service vide order dated 28.01.2009. Thereagainst, the petitioner preferred a statutory revision under Section 153, ibid, before the first respondent, who, by order dated 27.10.2009, rejected the case of the petitioner, upholding the order of removal from service passed by the second respondent. Calling in question, the correctness of the order passed by the first respondent in the revision petition, the petitioner has preferred the instant writ petition.
3 At the threshold, it is quite pertinent to point that when the petitioner was removed from service way back in October 2009, without taking any step whatsoever to challenge the said order of removal for well over eight long years, the petitioner has straightaway filed this writ petition, challenging his removal from service. This Court can come to the aid of a person who is always active and diligent in his rights, but, not to a person who is dormant like Rip Van Winkle. In this case, as referred to above, the petitioner has woken up from slumber after eight long years and is guilty of delay, laches and acquiescence in challenging his removal from service, which cannot be entertained.
In the result, this writ petition stands dismissed as being devoid of merits. Costs made easy. Connected W.M.P. is closed.
15.03.2017 cad To 1 The Joint Registrar of Cooperative Societies Nagapattinam District Nagapattinam Nagapattinam District 2 The Special Officer (now President) O.N.3, Nagapattinam Urban Cooperative Credit Society Ltd.
Nanayakara Street Nagapattinam 611 001 Nagapattinam District T. RAJA, J.
cad W.P. No.6304 of 2017 15.03.2017
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Title

G. Senthilvel vs 2 The Special Officer

Court

Madras High Court

JudgmentDate
15 March, 2017