IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :03.07.2024 CORAM THE HONOURABLE MS. JUSTICE P.T.ASHA W.P.No.16205 of 2015 and W.M.P.Nos.10990 & 10991 of 2016 and M.P.No.1 of 2015 S.512-Vilangamudi Primary Agricultural.

Co-op. Credit Society, Vilangamudi Post, Pochampalli Taluk, Krishnagiri District, Rep by its President G.Santhamoorthy. ... Petitioner -Vs-

1.The Authority under Tamil Nadu Payment of Subsistence Allowance Act &

The Assistant Commissioner of Labour, Salem

2.V.Arumugam

3.The Deputy Registrar of Co-op. Societies, Krishnagiri.

4.The Joint Registrar of Co-op. Societies, Krishnagiri ...Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari calling for the entire records of the impugned order passed by the 1st respondent in P.S.A.No.08/14 dated 27.3.2015 and quash the same.

For Petitioner : M/s.K.Ashok Kumar For Respondents : M/s.P.Ganesan, Govt. Advocate [R1]

: M/s.K.A.Ravindran [R2]

: M/s.T.D.Murugan Raja, Govt. Advocate [R3 and R4]

O R D E R

Challenging the order passed by the 1^st respondent dated

27.03.2015 in and by which the petitioner Society herein has been directed to pay a sum of Rs.75,961/- being the subsistence allowance due to the 2^nd respondent for the periods 25.10.2013 to 22.01.2014 at 50%, 23.01.2014 to 24.04.2014 at 75% and 21.04.2014 to 25.05.2014 at 100%, the petitioner Society is before this Court.

2. The case of the petitioner Society is that their main function is lending agricultural and agriculture oriented loans and jewels loans.

The petitioner Society was going through a severe financial crisis. The petitioner Society would submit that the Society was being managed by a Special Officer appointed by the Government of Tamilnadu for over 15 years and only recently the election for the Board of Members were conducted. During the management by the Special Officer, one Mr.M.Srinivasan, the Secretary of the Society was placed under suspension on various charges of misappropriation of funds. The said M.Srinivasan had absconded with all the registers and files of the Society.

3. By an order dated 23.06.2012, the 2^nd respondent who was an Attender was given charge of the post of Secretary and his duties were mentioned in the said order. He had also taken charge on 27.06.2012. The petitioner Society found that he also indulged in a lot of misappropriation independently and in collusion with the said M.Srinivasan. Subsequently, the 2nd respondent, apprehending disciplinary enquiry and criminal proceedings against him, absented himself from the office from 26.03.2013 and absconded with all the petitioner Society’s records and the duplicate keys of the iron safe entrusted to him.

4. An enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act had been instituted against the 2^nd respondent and it was found that he was guilty of misappropriation of funds. After the enquiry report dated 18.10.2013 was received by the petitioner Society, an order suspending the 2nd respondent from service was issued on 25.10.2013. He was also served with a charge sheet on 09.06.2014 which contained 8 charges. In the disciplinary proceedings, the 2nd respondent remained ex parte and all the 8 charges leveled against him were proved. After receiving the enquiry report dated 10.03.2018, the petitioner Society had issued a second show cause notice dated 08.04.2015 to the 2^nd respondent along with the enquiry report giving him an opportunity to explain as to why he should not be removed from service. Parallelly criminal proceedings were also pending against the 2nd respondent in Cr.No.2/2014.

5. As soon as the charge memo dated 09.06.2014 was issued to the 2^nd respondent, he had preferred a petition before the 1^st respondent seeking the following reliefs; (i) salary for the period 01.01.2013 to 27.03.2013; (ii) salary for an alleged Medical Leave period from 28.03.2013 to 25.10.2013; and (iii) subsistence allowance for the period under suspension from 26.10