BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2024 CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.A.(MD) No.434 of 2018 and C.M.P.(MD) No.2597 of 2018 M.Seetharaman ... Appellant -vs-

1.The Joint Registrar of Co-operative Societies Sivagangai Zone Sivagangai District

2.The Special Officer NN.380-A, Velankudi Primary Agricultural Cooperative Credit Society A.Velankudi Taluk Sivagangai District ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 06.02.2018, passed in W.P.(MD) No.4967 of 2010, on the file of this Court.

For Appellant : Mr.A.Thirumurthy For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

J U D G M E N T

[Judgment of the Court was made by A.D.JAGADISH CHANDIRA, J.]

The order dated 06.02.2018, passed by the learned Single Judge in W.P.(MD) No.4967 of 2010, is under challenge in this writ petition.

2. The appellant / writ petitioner was appointed as Secretary in the second respondent / Co-operative Society. On account of certain allegations, he was placed under suspension by the second respondent vide proceedings, dated 12.12.2003. Challenging the order of suspension, the appellant filed a writ petition in W.P.(MD) No.3711 of 2004, wherein, on 15.12.2004, this Court had granted an order of interim stay. In the meanwhile, the second respondent / Special Officer issued a charge-memo, dated 30.06.2004 by framing charges against the appellant. Subsequently, during the pendency of the disciplinary proceedings, the order of suspension was revoked by the order of this Court in the above said W.P.(MD) No.3711 of 2004. Pursuant to the same, the appellant was re-instated in service on

30.05.2006. The disciplinary proceedings initiated against the appellant was ended with punishment of stoppage of increment for three years without cumulative effect. Subsequently, on 17.10.2008, another charge-memo was issued against the appellant. He submitted his explanations and a domestic enquiry was conducted and the Enquiry Officer submitted his report on 16.02.2009 holding that all the charges were proved. The second show-cause notice was issued on 22.04.2009 and the appellant had submitted his explanation / objections on the enquiry report, on 29.04.2009. Final order in the disciplinary proceedings was passed on 20.07.2009 by the second respondent imposing punishment of stoppage of increment for three years without cumulative effect. Accordingly, the disciplinary proceedings initiated against the appellant was concluded. This apart, a criminal case was registered against the appellant by a Criminal Crime Investigation Wing, Sivagangai, in Crime No.2 of 2009 under Sections 408 and 477-A I.P.C., and he was arrested and kept in judicial custody for 43 days and he was placed under suspension, pursuant to the registration of the criminal case and subsequently, he was released on bail. A third charge-memo was issued by the second respondent framing two charges. Under these circumstances, the second suspension order was also revoked. The appellant was again re- instated in service. In these circumstances, the second respondent sent a communication to the first respondent for initiating suo moto revision against the appellant under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter called as the 'Act'). The appellant challenged the same on the ground of limitation, as the first respondent has no power to initiate suo moto revision under Section 153 of the Act, after lapse of 90 days.

3. Learned Single Judge, finding that the Cooperative Societies and its management are not considered as “State” within the meaning of Article 12 of the Constitution of India and as against the order passed under the provisions of the Tamil Nadu Cooperative Societies Act, the aggrieved person has to exhaust the remedies available under the provisions of the Act and no writ would lie in the view of the legal principles laid