IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.03.2025 CORAM: THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.5803 of 2023 C. Sekaran .. Petitioner Versus 1.The Joint Registrar of Coop Societies, Salem Region, Salem. 2.The Deputy Registrar of Coop. Societies, Omalur Circle, Salem District – 636 455. 3. The President, KK-124, Kolathur Primary Agricultural Cooperative Credit Society Ltd., Kolathur, Mettur Taluk, Salem District. ...Respondents Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to issue financial compensation for the period of 07.11.2012 to 31.08.2013 and consequently issue the salary increment for the period of 2013 and 2014 with cumulative effect based on the petitioner's representation dated 20.12.2022 and pass orders. 1/7 https://www.mhc.tn.gov.in/judis For Petitioner : Mr.K. Prabhakaran For Respondents : Mr.M.Muthusamy,GA ORDER This writ petition is filed directing the Respondents to issue financial compensation for the period of 07.11.2012 to 31.08.2013 and consequently issue the salary increment for the period of 2013 and 2014 with cumulative effect based on his representation dated 20.12.2022. 2. The facts of the case is that the petitioner who was working as a Salesman in the third respondent society has committed several irregularities, due to which he was suspended many times and thereby suffered punishments including reduction of seniority and criminal case was also filed against him. The sum and substance of the case is that on 07.11.2012 the petitioner was suspended from services for serious malpractices and was re-instated in service on 01.09.2013 subject to the condition that he should not indulge in such malpractices again, and if it occurred again, he will be removed from service. The grievance of the petitioner is that he has given a representation to the respondents on 2/7 https://www.mhc.tn.gov.in/judis 20.12.2022 to the Management of Society, seeking to cancel the punishments and sanction of financial benefits for the same. However, the same was not considered till date, hence this petition. 3. The learned counsel for the petitioner submitted that pertaining to the said issue an FIR has been filed and to quash the same the petitioner has filed a Criminal Original petition in Crl.O.P.No.13106 of 2021 and Crl.M.P.No.7211/2021 before this Court and the same was allowed by this Court on 16.08.2021 which proved that the petitioner is innocent and not involved in any crime. Hence, prays to allow this petition. 4. The learned standing counsel appearing for the first respondent has filed a counter affidavit wherein, it has been stated that due to certain irregularities such as stock deficit, the Special Officer has issued a charge memo on 31.01.2013 to which he has submitted an explanation vide letter dated 12.02.2013. Subsequently, departmental permission was given on 31.07.2013 in accordance with the conditions that had been accepted by the petitioner in his representation vide his letter dated 30.08.2013 in the said representation it has been stated as follows: 3/7 https://www.mhc.tn.gov.in/judis "ehd; g{jg;gho II epahatpiyfilapy; tpw;gidshsuhf gzpg[hpe;jnghJ bghJkf;fspd; gy;ntW g[fhh; mog;gilapy; 17.10.2012e; njjpapy; fil Ma;t[ bra;ag;gl;lnghJ fhzg;gl;l Fw;wr;bray;fSf;fhf 07.11.2012e; njjpapy; jw;fhypf gzp ePf;fk; bra;ag;gl;nld;. ....................... 4. vdJ mLj;j ,U Mz;Lfs; Cjpa cah;t[ jpuz;l gaDld; (tpLg;g[ fhyk; eP';fyhf) epWj;jp itf;fg;gLk; vd;gij mwpe;J bfhz;nld;. 5. 07.11.2012 Kjy; jw;fhypf gzpePf;f fhyj;jpw;F rk;gsk; nfhukhl;nld; vd;Wk; xg;g[f;bfhs;fpnwd;. 6. vdJ gzpf;fhyj;jpy; Vw;gl;l epjpapHg;g[fs; vjhtJ gpd;dpl;l fhyj;jpy; bjhptpf;fg;gl;lhy; mij neh; bra;at[k; xg;g[f;bfhs;fpnwd;." 5. Heard both sides and perused the materials available on record. 6. On a perusal of records it is seen that a FIR has been registered in F.I.R No.364/2012 under Section 6 (4) of the Tamil Nadu Schedule Commodities( Regulation of Distribution by Card System) Order 1982 r/w 7(1)a(ii) of the Essential Commodities Act, 1955 on 17.10.2012. Hence, the petitioner filed a Petition under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings as against the petitioner in F.I.R No.364/2012. Pursuant to which this Court in Crl.O.P.No.13106 of 2021 had disposed of the case with the following 4/7 https://www.mhc.tn.gov.in/judis observations: “6. In view of the lag on the part of the prosecution to complete the investigation within a reasonable time, this Court finds that no justification can be reached if the first respondent Police is permitted to file a final report or charge sheet at this belated stage. Hence, this Criminal Original Petition is allowed and the FIR in crime No.364 of 2012 on the file of the first respondent police is hereby quashed. Consequently, the connected miscellaneous petition is closed.” 7. The Core contention of the petitioner is that inspite of the F.I.R being quashed by this Court, the respondents shall provide financial compensation to the petitioner for the period of 07.11.2012 to 31.08.2013 and consequently issued the salary increment for the period of 2013 and 2014 with cumulative effect based on his representation dated 20.12.2022. But the fact remains that the F.I.R has not been quashed on merits, rather, as there was delay on the part of the prosecution to complete the investigation within a reasonable time, there will be no justification on the part of the first respondent police to file a final report or charge sheet at the belated stage. Hence, the F.I.R was quashed by allowing the Crl.O.P.No.13106 of 2021. Furthermore in the counter 5/7 https://www.mhc.tn.gov.in/judis affidavit filed by the respondents it is seen that the petitioner has accepted his guilt in his representation dated 30.08.2013. 8. In view of the above facts, it is made clear that the contentions of the petitioner is devoid of merits and the same cannot be accepted by this Court. Hence, this petition deserves to be dismissed. Accordingly this petition is dismissed. No order as to costs. 21.03.2025 Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn To 1.The Joint Registrar of Coop Societies, Salem Region, Salem. 2.The Deputy Registrar of Coop. Societies, Omalur Circle, Salem District – 636 455. 3. The President, KK-124, Kolathur Primary Agricultural Cooperative Credit Society Ltd., Kolathur, Mettur 6/7 https://www.mhc.tn.gov.in/judis V.BHAVANI SUBBAROYAN, J. smn W.P.No.5803 of 2023 21.03.2025 7/7 https://www.mhc.tn.gov.in/judis