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2022 Supreme(Online)(MAD) 31958
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On 17.08.2022 Pronounced On 04.11.2022 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.13773 of 2021 and W.M.P.Nos.14618 & 14623 of 2021 E.Ramalingam ... Petitioner Vs.
1.The Deputy Registrar of Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Villupuram District, Villupuram.
2.The President, V.P.M.3, Villupuram District, Transport Corporation Thrift &
Credit Societies Ltd., No.5, Vallalar Nagar, Sallamedu, Villupuram District.
3.The President, 11455 The Vanur Panchayat Union & Aided School Teachers & Employees'
Co-operative Thrift & Credit Society Ltd., Thiruchittrambalam Post, Vanur Taluk, Villupuram District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent directing the second respondent to initiate disciplinary action against the petitioner vide Proceeding Na.Ka.No.3101/2019/Ma.Va.(4) dated 14.08.2020 and the consequential impugned order passed by the second respondent directing the third respondent to initiate disciplinary action against the petitioner vide Letter dated 19.03.2021 and the consequential impugned order passed by the first respondent directing the second respondent to initiate shortage rectification action vide Na.Ka.1977/2020/Ku.Na(1) dated
14.06.2021 and quash the same.
For Petitioner : Mr.M.Venkatesan For Respondents : Mrs.C.Meera Arumugam Additional Government Pleader
O R D E R
The petitioner was appointed as the Secretary of the third respondent Cooperative Society on 01.03.1989. The petitioner was given an additional charge in the second respondent Cooperative Society with effect from 31.10.2013. The second respondent Co-Operative Society was started in the year 2013.
2. The dispute in the present Writ Petition pertains to an alleged loss caused to the second respondent Society by the petitioner when the petitioner was holding an additional charge in it with effect from 31.10.2013. During the aforesaid period, the following four temporary staffs were appointed in the second respondent Society purportedly contrary to the provisions of the Tamil Nadu Cooperative Societies Act, 1983 and the Rules made thereunder:-
| Sl. No | Name | Date of Appointment |
| 1. | Ponmani | 28.03.2013 |
| 2. | Kumaravel | 08.04.2015 |
| 3. | E.Adhiyanman | 22.10.2016 |
| 4. | Senthilmurugan | 28.06.2017 |
3. The petitioner has challenged the impugned order dated
14.08.2020 passed by the first respondent, Deputy Registrar of Cooperative Society bearing reference Na.Ka.No.3101/2019/Ma.Va.(4). By the said impugned order, a direction has been given to the second respondent to initiate disciplinary proceedings under Section 81(6) of the Tamil Nadu Cooperative Society Act, 1983. The aforesaid impugned order of the first respondent Deputy Registrar dated 14.08.2020 encloses a copy of an Enquiry Report dated 12.06.2020 of the Sub Registrar / Field Officer who was appointed as an Enquiry Officer vide Proceedings dated 05.12.2019 of the first respondent bearing Na.Ka.No.3101/2019. Ma.Va.
4. The petitioner has also challenged the consequential order dated
19.03.2021 of the second respondent Society. By the said impugned order dated 19.03.2021, the second respondent Society has directed the third respondent to initiate appropriate proceedings against the petitioner pursuant to the aforesaid impugned order of the first respondent dated
14.08.2020.
5. The petitioner has also challenged the impugned notice dated
14.06.2021 issued by the first respondent. By the said notice dated 14.06.2021, the first respondent Deputy Registrar has directed the second respondent Society to initiate surcharge proceedings against the petitioner.
6. The first respondent Deputy Registrar vide his proceedings Na.Ka No 3101/2019 Ma.Va dated 05.12.2019, appointed an Enquiry Officer and directed him to enquire into matters relating to the temporary appointments made by the second respondent Society and also with matters relating to the outstanding dues of the second respondent Society from its members.
7. The Enquiry Officer submitted his report dated 12.06.2020 to the first respondent Deputy Registrar. In the report, it was stated that the appointments of temporary staffs were made in contrary to the Tamil Nadu Co-operative Societies Act 1983 and the Tamil Nadu Co-operative Societies Rules 1988 and that the petitioner had failed to recover interest from the respective members of the second respondent Society (State Transport Corporation).
8. After Considering the Enquiry Report, the first respondent Deputy Registrar thus issued the first mentioned impugned order dated 14.08.2020 bearing reference No Na.Ka.No 3101/2019/Ma.Va(4) and has directed the second respondent Society to initiate disciplinary proceedings against the petitioner. Subsequent to the above impugned order, the consequential impugned orders were issued, whereby, disciplinary proceedings and surcharge proceedings were initiated against the petitioner.
9. The learned counsel for the petitioner submits that the petitioner is not guilty of any negligence or misdeeds in respect of the third respondent society, of which, the petitioner was the Secretary.
10. It is the case of the petitioner that he has not caused any pecuniary loss to the second respondent Society while holding additional charge. It is further submitted that there are no allegations of any misappropriation of funds by the petitioner either. It is the case of the
