W.A.(MD) No.1349 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 22.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

and

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.A.(MD) No.1349 of 2023

and

C.M.P.(MD)No.10233 of 2023

The President,

O.702, Panthapuli Primary Agricultural,

Co-operative Credit Society,

P.Reddiyapatti, Karivalamvanthanallur Via,

Sankarankovil Taluk,

Tenkasi District.

... Appellant/3^rd Respondent

-vs-

1.V.Palanivel

... 1^st respondent/writ petitioner

2.The Joint Registrar of Co-operative Societies/

Common Cadre Authority,

O/o. Joint Registrar of Co-operative Societies,

Tirunelveli Region, Tirunelveli.

3.The Deputy Registrar of Co-operative Societies,

O/o. Deputy Registrar of Co-operative Societies,

Tirunelveli Circle, Tirunelveli.

... Respondents 2 & 3/Respondents 1 & 2

PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set

aside the order, dated 27.04.2023 made in W.P.(MD)No.24384 of 2022 on the

file of this Court.

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W.A.(MD) No.1349 of 2023

For Appellants

: Mr.S.Kumar

For Respondents : Mr.D.Shanmugaraja Sethupathi for R1

: Mr.J.Ashok

Additional Government Pleader for R2 & R3

JUDGMENT

[Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]

This writ appeal is filed by the appellant, the Co-operative Society

aggrieved by the order of the learned Single Judge dated 27.04.2023 made in

W.P.(MD)No.24384 of 2022. The writ petition was filed by the first respondent

herein challenging the order permitting him to retire dated 30.06.2022

inasmuch as it imposed condition for postponement of payment of all the

retiral benefits until the completion of enquiry under Section 81 of the Tamil

Nadu Co-operative Societies Act and further proceedings being taken. There

was also other condition to obtain an affidavit of undertaking in view of

Section 81 enquiry being proceeded in the matter.

2. The first respondent was working as a Secretary in the appellant's

Society having been appointed with effect from 12.07.1989. Upon attaining the

age of superannuation at the age of 60 years, he was sought to be retired from

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W.A.(MD) No.1349 of 2023

service with effect from 30.06.2022. As a matter of fact, the appellant Society

had completed the audit for the year 2020-2021 and there was no irregularity

fixed on the first respondent/petitioner. The appellant Society had passed a

resolution on 02.06.2022 to permit the first respondent/petitioner to retire

from service. Thereafter, on the said resolution, the second respondent passed

the order impugned in the writ petition dated 30.06.2022 while permitting the

first respondent to retire from service, imposed a condition to disburse the

retirement benefits only after the completion of the pending enquiry under

Section 81 of the Tamil Nadu Co-operative Societies Act. It is seen that the

said enquiry has been ordered in respect of the loans disbursed to the various

beneficiaries. As on date of superannuation, there is no disciplinary

proceedings, surcharge proceedings or criminal prosecution whatsoever which

is pending as against the first respondent. Therefore, challenging the authority

of the second respondent/Joint Registrar of Co-operative Societies to impose

such conditions, the writ petition was filed.

3. The writ petition was resisted by the first respondent by filing a

counter affidavit that a day prior to the retirement of the first respondent, that

is, on 29.06.2022 an enquiry in respect of the crop loans sanctioned and

disbursed by the appellant Society has been ordered. It is stated that the

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W.A.(MD) No.1349 of 2023

person can be placed under suspension if only any grave charges or criminal

case is pending against him as on dat