In a writ petition challenging the re-appointment of an Enquiry Officer to probe an inquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, the Court addressed allegations of bias arising from previous officers submitting favorable reports.
Omitted to appoint a new Enquiry Officer within 15 days and submit report within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
W.P.No.26312 of 2013
P.Chandran
... Petitioner
Vs. 1.The Deputy Registrar of Coop. Societies, Villupuram Circle, Villupuram, Villupuram District. 2.Villupuram District Central Coop. Bank Ltd., Rep. By its Managing Director, 2, Hospital Road, Villupuram. 3.The President, E-2028 Kandamanadi Primary Agricultural Coop. Credit Society, Kandamanadi Village and Post, Villupuram Taluk & District. (R2 & R3 impleaded vide order 1/12/14 in M.P.1/14 & dt. 4.7.16 passed in WMP.No.9696/16 in W.P.No.26312/13)respectively ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the entire records relating to the impugned order passed by the respondent in his proceedings Na.Ka.No.3156/2012/PACB, dated 08.08.2013 and quash the same.
For petitioner : Mr.C.Prakasam For R1 : Mr.L.P.Shanmugasundaran, Spl.GP For R2 : Mr.R.Arumugam ORDER
The only grievance of the petitioner is that the present Enquiry Officer appointed to conduct the enquiry proceedings under Section 81 of the Tamil Nadu Cooperative Societies Act is the fourth Enquiry Officer. According to him, since the earlier three Enquiry Officers have submitted report in favour of the petitioner, the respondent department appointed the present Enquiry Officer so as to get an order in their favour.
Sd/Asst.Registrar /true copy/ Sub Asst. Registrar rkm
To 1.The Deputy Registrar of Coop. Societies, Villupuram Circle, Villupuram, Villupuram District.
E-2028 Kandamanadi Primary Agricultural
Coop. Credit Society,
Kandamanadi Village and Post,
Villupuram Taluk & District.
W.P.No.26312 of 2013
RJ(CO)
RVR 27/07/2016
2 issues framed by the court
Whether the appointment of a fourth Enquiry Officer after three previous officers submitted reports in favour of the petitioner amounts to bias or malafide conduct.
Whether the quasi-judicial authority should direct the appointment of a fresh Enquiry Officer to ensure impartiality in the proceedings.
Colour shows how this judgement treated each authority
D.Sathyamoorthy v. The Deputy Registrar of Cooperative SocietiesReferred¶13
D.Sathyamoorthy v. The Deputy Registrar of Cooperative Societies, Uthakamandalam (2014 (2) CWC 615)
2 provisions across 2 enactments
P. Chandran
The Deputy Registrar of Coop. Societies, Villupuram Circle
Villupuram District Central Coop. Bank Ltd.
The President, E-2028 Kandamanadi Primary Agricultural Coop. Credit Society
B. Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
