Dismissed

S. Shanmugam. v. the Registrar of Coop.

Madras HC4 Oct 2017WP/40773/2002

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by co-operative employees challenging a Section 81 enquiry order. The court held that the ordering of an enquiry does not render the employees aggrieved persons, rendering the petition unsustainable.

What did the court decide?

The writ petition stands dismissed as the petitioners are not aggrieved persons and there is no cause for moving this writ petition.

S. Shanmugam. Vs the Registrar of Coop. — Service and Employment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.10.2017

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.40773 of 2002

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1.S.Shanmugam
2.Veerapandiyan .. Petitioners
Vs
1. The Registrar of Co-op. Societies
EVR Salai, Kilpauk, Chennai.
2. The Joint Registrar of Co-op. Societies
Thiruvarur
3. The Deputy Registrar of Co-op. Societies
Mannargudi
4. The Special Officer
Peruvidaimarudhur Primary Agricultural
Co-op. Bank, Peruvidaimaruthur

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The Enquiry office Co-op. Sub Registrar
Peruvidaimarudhur Primary Agricultural
Co-op. Bank, Muthupettai. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarifed Mandamus to call for the records of the respondents and particularly that of 5^th respondent enquiry reports (two reports) dated 04.07.2001 and quash the same as illegal and unconstitutional and consequently direct the respondent to relieve the petitioner from charges as a fact.

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For Petitioner : No appearance For R1 : Mr.R.Vijayakumar Additional Government Pleader For R2 to R5 : Mr.L.P.Shanmugasundaram Special Government Pleader (Co-operatives)

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O R D E R

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The proceedings of the Deputy Registrar of Cooperative Societies dated 04.07.2001, ordering for an enquiry https://hcservices.ecourts.gov.in/hcservices/ under section 81 of the Tamil Nadu Co-operative Societies Act

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is under challenge in this Writ Petition. Further, a direction is sought for to relieve the Writ petitioners from the charges.

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2.The Writ Petitioners are Employees of the CoOperative Societies and the Deputy Registrar of Co-Operative Societies, Mannargudi passed an order in proceedings dated 27.09.2000, ordering for an enquiry under section 81 of the Tamil Nadu Co-Operative Societies Act.

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Section 81 of Tamil Nadu Co-operative Societies Act states that the Registrar may, of his own motion and shall, on the application of the majority of the board or of not less than 1/3^rd of the members or one the request of the financing bank or of the District Collector, hold an inquiry, or direct some person authorized by him by order in writing in this behalf to hold an inquiry into the constitution, working and financial condition of a registered society or any alleged misappropriation, fraudulent retention of any money or property, breach of trust, corrupt practice, or mismanagement in relation to that society or into any particular aspect of the working of that society.

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Thus, it is clear that an enquiry ordered by the Deputy Registrar is a preliminary stage wherein the competent authorities have to conduct inspection and investigation into the affairs of the Co-Operative Societies and submit a report.

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5.It has pointed out that an enquiry officer has been appointed, who in turn has to conduct an enquiry and submit a report.

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The enquiry report submitted under section 81 of the Tamil Nadu Co-Operative Societies Act forms the basis for initiating actions against the erred officials. Thus, the mere ordering of an enquiry under section 81 will not provide a cause for the writ petitioners to file this writ petition under article 226 of the Constitution of India. A mere ordering of an enquiry under section 81 to conduct an enquiry into the affairs of the Co-Operative Society cannot be construed as a cause for the writ petitioners. Thus, the writ petitioners are not aggrieved persons under law.

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7.If any action is initiated based on an enquiry report, then it is left open the writ petitioners to adjudicate the matter in the manner known to law. Accordingly, the grounds raised in the writ petition deserves no further consideration as the writ petitioners are not aggrieved persons and there is no cause for moving this writ petition.

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https://hcservices.ecourts.gov.in/hcservices/

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8.Accordingly, the writ petition stands dismissed. However, there is no order as to costs.

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-sd/-
Assistant Registrar

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True Copy
Sub-Assistant Registrar
To
1. The Registrar of Co-op. Societies
EVR Salai, Kilpauk, Chennai.
+1 C.C. to M/S.R.SANTHANAM Advocate SR.NO.71238
+1 C.C. The Government Pleader, SR.NO. 71406
W.P.No.40773 of 2002
VS 28.10.2017

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https://hcservices.ecourts.gov.in/hcservices/

S. Shanmugam. v. the Registrar of Coop.

Case brief

What is this about?

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S. Shanmugam. v. the Registrar of Coop.

Case brief

What is this about?

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