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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, J
A. Jayakodi – Appellant
Versus
Deputy Registrar of Cooperative Societies, Ariyalur Circle, Ariyalur, Ariyalur District – Respondent
ORDER :
(C.V. KARTHIKEYAN, J.)
This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to Surcharge Award No. Na.Ka.3262/2008.Sa.Pa passed on 15.05.2023 on the file of the 1st respondent and to quash the same. The petitioners claim that the order had been passed violating the principles of natural justice against the provisions of Tamil Nadu Cooperative Societies Act, 1983 . The petitioners seek removal of attachment over the immovable properties of the petitioners.
2.In the affidavit filed in support of the writ petition, the petitioners who are the legal heirs of Annadurai who was the Secretary of the 2nd respondent, Cooperative Society, have claimed that a report had been filed under Section 81 of the Tamil Nadu Cooperative Societies Act 1983, whereby, it had been found that the husband of the 1st petitioner / father of the 2nd and 3rd petitioners and another individual one Ramasamy had been involved in misappropriation of the funds of the society. Surcharge proceedings under Section 87(1) of the Act was recommended to be initiated. Apart from that, criminal proceedings were also initiated against the said Annadurai / husband of the 1st
The court emphasized that participation in legal proceedings is essential for claiming natural justice, and failure to engage actively negates claims of prejudice.
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....
Point of law: it is clear that, to pass surcharge order under Section 87 of the Act, appellants should have done an actionable wrong either by commission or omission in a deliberate and reprehensible....
Failure to appear for enquiries despite notices being issued can preclude a party from raising objections regarding violation of natural justice principles and non-consideration of material documents....
Surcharge proceedings under the Tamil Nadu Co-operative Societies Act must adhere to principles of natural justice, ensuring fair enquiry and opportunity for cross-examination.
The court reaffirmed that review applications cannot contest substantive inquiries already concluded without demonstrating evident procedural errors, maintaining that accountability rests with the Se....
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