W.A.No.2217 of 2018

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.

1/12

https://www.mhc.tn.gov.in/judis

W.A.No.2217 of 2018

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.

2/12

https://www.mhc.tn.gov.in/judis

W.A.No.2217 of 2018

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 r