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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI
C.Palanisamy Secretary – Appellant
Versus
Deputy Registrar of Co-operative Societies – Respondent
| Table of Content |
|---|
| 1. review application for prior court order. (Para 1 , 2 , 3) |
| 2. arguments regarding surcharge proceedings. (Para 4 , 5 , 6 , 7) |
| 3. counterarguments against review of order. (Para 8 , 9) |
| 4. court's analysis of proceedings and findings. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. dismissal of review application. (Para 16) |
ORDER :
The review application has been filed by the writ petitioner seeking to review my order dated 21.07.2023 in W.P.No.30477 of 2018.
2. I have heard Mr.C.Prakasam, learned counsel for the review applicant, Mr.B.Tamilnidhi, learned Additional Government Pleader for the respondents 1 and 2. The third respondent refused to receive notice and the fourth respondent, despite service of notice, has not chosen to appear in person or through a counsel. I have also gone through the records.
3. While disposing of the said writ petition, I had directed the first respondent, Deputy Registrar of Co-operative Societies, Erode, to proceed with the Section 87 surcharge proceedings, after giving reasonable opportunity to the writ petitioner. I further directed the exercise to be completed within a period of six weeks from the date of receipt of a copy of the order. I also fo
The court reaffirmed that review applications cannot contest substantive inquiries already concluded without demonstrating evident procedural errors, maintaining that accountability rests with the Se....
The court held that a review application is not maintainable when the underlying proceedings have already been initiated and concluded, emphasizing the importance of procedural fairness in administra....
The threefold actions of departmental disciplinary proceedings, criminal cases, and surcharge proceedings can be initiated simultaneously, and the time limits prescribed in statutes regarding complia....
The court emphasized that participation in legal proceedings is essential for claiming natural justice, and failure to engage actively negates claims of prejudice.
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