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2022 Supreme(Online)(MAD) 38080

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
N.Lakshmanan – Appellant
Versus
The Registrar of Co-operative – Respondent


O R D E R

The notice of enquiry issued by the third respondent under Section 153 (1) of the Tamil Nadu Cooperative Societies Act, in proceedings dated 12.06.2018, is sought to be quashed in the present writ petition.

2. The petitioner was an employee of the fourth respondent-

Erranna Halli Primary Agricultural Cooperative Credit Society, which is a Cooperative Society registered under the provisions of the Tamil Nadu Cooperative Societies Act. Regarding the allegation of misappropriation of funds of the Cooperative Society to the tune of Rs.14,67,989/-, action was initiated based on the statutory enquiry conducted under Section 81 of the Tamil Nadu Cooperative Societies Act. Based on the statutory enquiry report, three fold actions are permissible under the provisions of the Tamil Nadu Cooperative Societies Act. Firstly, for recovering the financial loss caused to the Cooperative Society, surcharge proceedings shall be initiated under Section 87 of the Act, secondly, the departmental disciplinary proceedings are to be initiated against the officials concerned and thirdly, criminal action is permissible by registering a complaint before the Commercial Crime Investigation Wing of Police

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