BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.12.2025 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.11400 of 2024 and WMP(MD)Nos.10133 and 10134 of 2024 and WMP(MD)No.23311 of 2025 R.J.Gangatharan ... Petitioner versus

1. The Deputy Registrar of Co-operative Societies, Madurai.

2. The Enquiry Officer cum Sub Registrar, Conducted Enquiry under Section 81 of Tamil Nadu Co-opeartive Societies Act, A.3101 Madurai Milk Project Employees Co-operative Thrift and Credit Society Ltd.

Sathamangalam, Madurai.

3. A.3101 Madurai Milk Project Employees Co-operative Thrift and Credit Society Ltd.

Rep. by its the Administrative Office cum Sub Registrar, Sathamangalam, Madurai.

4. The Enquiry Officer, A.3101 Madurai Milk Project Employees Co-operative Thrift and Credit Society Ltd., Sathamangalam, Madurai. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to impugned charge memo dated 30.03.2022 issued by the 3^rd respondent in his proceedings Na.Ka.1/2022/x/e/(2) and consequential notice dated 13.05.2024 issued by the 4^th respondent in his proceedings Nil.

For Petitioner : Mr.R.Ramanujam, for M/s.Gandhi Associates For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R3 : Mr.R.Karunanidhi

ORDER

The petitioner, the then Assistant Secretary of A.3101 Madurai Milk Project Employees Co-operative Thrift and Credit Society Ltd., was placed under suspension and also issued with a charge memo dated 30.03.2022. Challenging the charge memo dated 30.03.2022 issued by the 3^rd respondent, the present writ petition has been filed.

2. The learned counsel appearing for the petitioner submitted that as per the Common Cadre Service Rules, 2019, the Joint Registrar of the Co-operative Societies is the competent authority to initiate disciplinary proceedings as against the persons, who fall within the common cadre and as such, the 3^rd respondent, namely, the Administrative Office cum Sub Registrar of the A.3101 Madurai Milk Project Employees Co-operative Thrift and Credit Society Ltd., is not having any jurisdiction to issue the charge memo.

3. The learned counsel appearing for the petitioner has also pointed out that the charge memo has been issued based on the enquiry report under Section 81 of the Tamil Nadu Co-operative Societies Act. During the enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, allegations have been made as against 17 persons, including the petitioner. However, the impugned charge memo has been issued selectively as against the petitioner alone, leaving other delinquents. He further submitted that misappropriation of funds in the Co-operative Society has been committed by the then President, Secretary and other elected bearers of the Board, who are hailing from the ruling political party. However, the petitioner, an employee of the Society, has been made as a scapegoat. The learned counsel has also pointed out that the petitioner was placed under suspension on 19.07.2019, however, he was made liable for misappropriation of funds beyond the period of his suspension, i.e. from 01.04.2018 to 30.11.2019.

4. In response, the learned counsel appearing for the 3^rd respondent submits that this is the second charge memo issued as against the petitioner. The earlier charge memo was issued by the President of the Society on 07.05.2020, based on the report submitted by the enquiry officer under Section 81 of the Tamil Nadu Co-operative Societies Act. The petitioner has challenged the earlier charge memo dated 07.05.2020 and suspension order, by way of filing writ petitions before this Court in W.P.(MD)No.6718 of 2020 and W.P.(MD)No.6554 of 2020 respectively. Both the writ petitions were taken up together and disposed of by this Court, by a common order dated 10.11.2021. Since the charge memo has been issued by the President of the Society, who was also involved in the misappropriation of funds, this C