ORDER :

B. Pugalendhi, J.

This writ has been filed challenging the enquiry notice dated 17.07.2023 issued by the 1st respondent on the ground that the 1st respondent is not competent to issue the enquiry notice as per Rule 3 of the TN Primary Agricultural Cooperative Societies Common Cadre Rules2019.

2.The petitioner was serving as Secretary in the 3rd respondent society since 01.01.1990 and was arrested on 21.11.2012 by the Karur CCIW-CID unit on allegations that he has purchased fertilisers such as urea and DAP from Tamil Nadu Cooperative Marketing Federation (TANFED) under the subsidy scheme for distribution to the members of the society and sold the same to Tamil Nadu News paper Limited (TNPL) at a higher price in connivance with the Special Officer of one Thanthoni Agro Engineering and Service Co-operative Centre Limited and obtained wrongful gain. A criminal case in Crime No.1 of 2011 was registered in connection with the same and is pending before the Judicial Magistrate Court, Karur in CC Nos.358 of 2016 and 359 of 2016.

3.The petitioner was placed under suspension on the above allegations on 21.11.2012 and was issued with a charge memo on 11.05.2013 that the petitioner while serving as Secretary of the3rd respondent society had purchased fertilisers and resold the same to TNPL for a sum of Rs.15,44,281/- by preparing forged sales bill in the name of the farmers. Therefore, the petitioner is alleged to have misappropriated a sum of Rs. 11,71,649/-.

4.The petitioner had earlier filed WP(MD) No.11571 of 2013 alleging that he was not provided with the required documents during the enquiry and the same was disposed on 04.09.2014 directing the petitioner to submit a fresh representation and thereafter he should be provided with the required documents. Accordingly, the petitioner made a fresh representation on 19.09.2014 seeking some documents. However, the petitioner claiming that irrelevant documents were sent to him, made another representation on 20.10.2014 referring to his earlier representation.

5.The petitioner was issued with the 1st show cause notice on 29.04.2015 along with an enquiry report dated 17.10.2014 which concluded as ex-parte that charges against petitioner were proved. Thereafter, a second show cause notice was issued on 11.11.2019 seeking explanation from the petitioner. The petitioner challenged this second show cause notice by filing a writ petition in WP(MD) No.24494 of 2019 that the 3 respondent was not the competent authority to issue the same as per the Tamil Nadu Primary Agricultural Cooperative Societies Common Cadre Rules 2019. The said writ petition was dismissed on 11.02.2022 and challenging the said order an appeal in WA(MD) No.841 of 2022 was filed. However pending the appeal, the Deputy Registrar of Co-operative Societies, Karur Region, has by his proceedings, dated 10.05.2022, withdrawn all the papers relating to the proceedings against the writ petitioner and required the Joint Registrar of Co-operative Societies, to conduct the disciplinary proceedings. Therefore, by recording that the petitioner's prayer was complied with, the writ appeal was closed on 13.03.2023 with a direction to the Joint Registrar of Co- operative Societies, Karur Region, to conduct an enquiry as per the recommendation of the Deputy Registrar of Co-operative Societies, Karur Region, dated 10.05.2022.

6.The petitioner also filed another writ appeal in WA(MD) No.386 of 2022 challenging the reduction of his subsistence allowance from 100 to 50 % and the same was disposed on 13.03.2023 with directions to pay the full subsistence allowance from March 2023 onwards and complete the enquiry within 4 months from the date of the order.

7.Thereafter, summons was issued on 26.04.2023 to the petitioner to appear for the enquiry and the impugned enquiry notice was also issued on 17.07.2023 to the petitioner. The petitioner has filed this writ petition to quash the enquiry notice dated 17.07.2023 and this court has also granted interim