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Judgment
V. Kanagaraj, J.—All the above Writ petitions have been filed by different individuals, all employees of The Kaveripattinam Agricultural
Producers'' Co-operative Marketing Society Ltd., Dharmapuri District, praying to issue writs of certiorarified mandamus, calling for the circular
issued by the second respondent bearing No.77782/2001/PACB-3, dated 28-05-2001 and the consequential show cause notice of the fourth
respondent in Na.Ka.No.9/2002 dated 12-06-2002, quash the same and direct the respondents to permit the petitioners to continue in office
entry respective positions in service.
The impugned circular above referred to in the preceding paragraph have been issued against the petitioners in the form of a show cause notice
seeking the explanations of the petitioners regarding the irregular promotions ordered by the previous administrators in office and seeking their
explanations as to why, they should not be demoted to their original status. It is only testifying the validity of the above show cause notice the
petitioners have come forward to file all the above Writ Petitions.
In consideration of the pleadings by parties in the above Writ Petitions, having regard to the materials placed on record and upon hearing the
learned counsel for the petitioners, what comes to be known is that the impugned order/circulars are only the show cause notices issued against an
irregular promotions alleged to have been made in favour of the petitioners by the erstwhile set up in the Society and only seeking the explanations
of the petitioners they have been issued and therefore, the petitioners cannot deny the opportunity for the Authority to know the reasons on their
explanations submitted before him. Moreover , no valid or tangible reason exists for the prayer of the petitioners to quash the said proceedings
legally nor to direct the respondents in the manner prayed for, nor is it incumbent on the part of this Court to comply with such a luxurious prayer
made on the part of the petitioners, instead of submitting their explanations to the Authorities concerned, who has got power to issue such a show
cause notice seeking explanation as empowered by law and therefore, in the above circumstances, the only conclusion that could be arrived at is to
dismiss the above Writ Petitions at the admission stage itself.
In result,
i. all the above Writ Petitions do not merit acceptance for admission and they are dismissed as such;
ii. consequently, connected W.P.M.P.Nos. 32645 to 32658 of 2002 are also dismissed;
iii. there shall be no order as to costs;
iv. however, since it comes to be seen that the time of 7 days only has been given for the petitioners to submit their explanations, it has become
necessary on the part of this Court to elongate the time and hence, it is further ordered that the petitioners are allowed to submit their explanation
before the said Authority within 15 days from the date of receipt of a copy of this order.
