IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on Orders Pronounced on

28.8.2023 01.11.2023 CORAM THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P.B.BALAJI W.A.No.2217 of 2018 and C.M.P.No.17419 of 2018 M.Perumal ... Appellant/Petitioner Vs.

1. The Deputy Registrar of Co-operation Societies, Dharmapuri Circle, Dharmapuri District.

2. The Co-op. Sub Registrar/Field Officer (Pennagaram), Section 81 Enquiry Officer, S.6756 Ernahalli Primary Agricultural Co-op. Credity Society, Ernahalli, Palacode Taluk, Dharmapuri District.

3. The President, S.6756 Ernahalli Primary Agricultural Co-op. Credit Society, Ernahalli Post, Palacode Taluk, Dharmapuri District. ... Respondents/Respondents Appeal filed under Clause 15 of Letters Patent to set aside the order dated 13.08.2018 passed in W.P.No.3402 of 2017.

For Appellants : Mr.M.Vijay Anand For Respondents 1 & 2 : Mr.U.M.Ravichandran, Spl. G.P.

For Respondent No.3 : L.P.Shanmugasundaram *****

JUDGMENT

D.KRISHNAKUMAR, J.

The appellant was working as Secretary in the S.6756 Ernahalli Primary Agricultural Co-op. Credit Society for the past 23 years. The first respondent by proceedings in Na.Ka.3617/2010/E-1 dated 15.6.2010 ordered enquiry under Sec.81 of the Tamil Nadu Co-operative Societies Act. Accordingly, enquiry was conducted and enquiry report was also filed. Based on the enquiry officer findings, the appellant was suspended from service on 7.8.2014. Again, the first respondent by his proceedings in Na.Ka.No.3729/ 2015/Tho.sa-1 dated 7.10.2015 has ordered Section 81 enquiry to be conducted on the allegations of mismanagement and misuse of the bank account for the very same period from 1.4.2014. Challenging the said proceedings of the first respondent dated 7.10.2015, the appellant has filed the instant writ petition before this Court.

2. The Writ Court while dismissing the writ petition, has held that after passing the final orders under Sec.87 of the Act, the person aggrieved has to approach the designated Cooperative Tribunal constituted under Sec.152 of the Tamil Nadu Cooperative Societies Act. Aggrieved by the said order, the appellant has filed the instant appeal before this Court.

3 The appellant raised several grounds in the appeal by stating that the learned Single Judge failed to note that the appellant already suffered punishments for the earlier enquiry conducted by the first respondent for the very same proceedings. Whereas the first respondent's impugned enquiry proceedings in Na.Ka.No.3729/2015/Tho.Sa.1 dated 7.10.2015 and its supplement proceedings dated 18.11.2015 is also based on the very same charges for which the appellant has already suffered punishment. The appellant also raised a ground that the learned Single Judge failed to take note of the subsequent events that took place between the appellant and the respondents, such as previous enquiry conducted by the second respondent in compliance with the order of the first respondent did not find any irregularity or misappropriation as against the appellant. It is further contended by the appellant that all the jewel loans were repaid by the members even before the commencement of the first respondent's impugned enquiry proceedings in Na.Ka.No.3729/2015/Tho.Sa.1 dated 7.10.2015 and its supplement proceedings dated 18.11.2015. Therefore, the order passed by the learned Single Judge dated 13.08.2018 passed in W.P.No.3402 of 2017 is liable to be set aside.

4. Heard the learned counsel appearing for the appellant, learned Special Government Pleader appearing for the respondents 1 and 2, learned counsel appearing for the third respondent Society and perused the materials available on record.

5 Sec.81 of the Tamil Nadu Co-operative Societies Act, 1983 empowered the first respondent to hold enquiry on the working and financial conditions of a registered Society or any alleged misappropriation, fraudulent retention of any money or property or mis-management in relation to that Society. It would be relevant