M.S. Arumugham, rep. by his brother M.S. Srirangan vs Joint Registrar of Co-operative Societies and The Special Officer, Thevur Agricultural Primary Co-operative Bank

S. Ramalingam, J.—By an order dated 5-7-1990, the petitioner who was then working as a Secretary of Thevur Agricultural Primary Co-operative Bank, Thevur, Sankari Taluk, Salem district, was placed under ad interim suspension. In that order it is stated that the petitioner had, due to prior enmity, set on fire the house of one Sundararajan and a case against him in Crime No. 832 of 1990, Kumarapalayam Police Station, had been registered and therefore, he was placed under ad interim suspension. In challenging the validity of this order of suspension, Mr. K. Doraisami, learned senior counsel appearing for the petitioner, would submit that the Registrar, before ordering suspension, must render a finding that such suspension is necessary in public interest or in the interest of the Cooperative Society.

Though no counter affidavit has been filed by the first respondent, the second respondent has filed a counter affidavit in which he states that setting fire on a residential house is a very serious offence and hence, in the interest of the Bank and in public interest, the petitioner was placed under suspension. The counter affidavit is an important open order of suspension. As rightly contended by the learned senior counsel appearing for the petitioner, the order itself must state that the suspension is necessitated in public interest or in the interest of the Bank. Only in such cases, there would be jurisdiction in the first respondent to place an officer under suspension. Since that jurisdiction aspect is wanting, the impugned order of suspension is quashed. The writ petition is allowed. No costs. However, it is open to the respondents to initiate fresh action if they so desire. If any such fresh orders are made, it is always open to the petitioner to challenge the same.