The inquiry under Section 81 of the Tamil Nadu Co-operative Societies Act is a preliminary procedural exercise to analyze the veracity of the allegations and to decide on the necessity of initiating surcharge under Section 87 of the Act.

JUDGMENT

(Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent, to allow the writ appeal by setting aside the order dated 05.01.2023 passed in W.P(MD)No.13112 of 2020 on the file of this Court and allow the writ petition and pass such other order or orders as this Court.)

L. Victoria Gowri, J.

This Writ Appeal is filed by the appellant to set aside the order passed by the learned Single Judge in W.P(MD)No.13112 of 2020 on the file of this Court.

2. The appellant is the writ petitioner before the learned Single Judge. The writ petition was filed by way of a Writ of Mandamus. The writ petitioner sought the respondents to conduct free, fair, fresh and proper enquiry or re-enquiry in connection with 81 enquiry ordered by the second respondent vide Na.Ka.No.824/2019/PACCS dated 29.10.2019 under Section 81 of the Tamil Nadu Co-operative Societies Act in Q 1245, Vallam Primary Agricultural Co-operative Credit Society, Vallam, Nainarkoil Circle, Paramakudi Taluk.

3. However, the learned Single Judge accepting the submission of the Additional Government Pleader appearing for the respondents 1, 2 and 4 that already 81 inquiry was concluded on 04.08.2022 and the report was also filed before the second respondent for appropriate action, observed that no further order is necessary in the writ petition and dismissed the same as infructuous. Challenging the same, the Writ Petitioner / Appellant is before this Court.

4. The learned Counsel for the appellant submitted that the respondents have violated the order of this Court in W.P(MD)No.3485 of 2020 dated 26.02.2020 and also interim order of this Court in W.M.P(MD)No.11016 of 2020 in W.P(MD)No.13112 of 2020 dated 30.09.2020.

5. He further submitted that the writ petitioner was employed as the Secretary of Q 1245, Vallam Primary Agricultural Co-operative Credit Society, Vallam, Nainarkoil Circle, Paramakudi Taluk and he attained superannuation from service on 31.01.2018. On the date of his superannuation, he was placed under suspension by the President of the Society. As a consequence of which, the second respondent ordered 81 inquiry four times on the transactions of the Society for the years 2015-2016, 2016-2017, 2017-2018 and 2018-2019. In the inquiry for the years 2015-2016 and 2016-2017, the enquiry officers had submitted a report, pointing out some violations without recommending any major penalty against the petitioner. Thereafter, the third respondent was also appointed as one of the enquiry officers for the 81 inquiry for the year 2017-2018. Challenging the same, the petitioner filed W.P(MD)No. 13119 of 2019, in which this Court granted an interim order.

6. He further submitted that the fourth respondent was appointed as enquiry officer on 29.10.2019 to conduct inquiry against the petitioner under Section 81 of the Tamil Nadu Co-operative Societies Act. The enquiry officer has to complete the inquiry within the statutory period of nine months as per Section 81(4) of the Tamil Nadu Co-operative Societies Act, 1983. Pursuant to the same, the fourth respondent called the petitioner for inquiry and sought for documents from him. But the petitioner submitted that since he was placed under suspension on 31.01.2018, on the date of his suspension he had handed over the charges of the Society. As a result of which, he did not have the custody of any of the documents of the Society. In addition to the same, the petitioner also gave a representation dated 27.01.2020 seeking to furnish him with the documents relating to the inquiry. Since the same was not considered, the appellant filed W.P(MD)No.3485 of 2020, in which this Court passed an order to consider the petitioner''s representation dated 27.01.2020 on its own merits. Without providing proper opportunity and without conducting enquiry with necessary parties, the inquiry was completed on 28.07.2020. Challenging the same, the writ petitioner filed the writ petition in W.P(MD)No.13112 of 2020, in which this Court on observing the submi