The Madras High Court held that a Section 81 enquiry report is not amenable to challenge. The report merely furnishes basic material for the authority to initiate surcharge proceedings, which must be independently established.
Petitioner not condemned solely on the strength of the report; case disposed on clarification.
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.
W.P.(MD)No.514 of 2021 and
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.514 of 2021 and
W.M.P.(MD)No.440 of 2021
G.Lal Bahadur Murugan
... Petitioner
Vs.
Cooperative Deputy Sub Registrar Office,
under Section 81 Enquiry Officer, Ramanathapuram District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned 81 enquiry order passed by the second respondent pertaining to its order bearing No.Nil, dated 18.07.2020 quash the same.
For Petitioner : Mr.M.Subash Babu
For Respondents : Mr.C.Ramar,
Additional Government Pleader.
O R D E R
Heard the learned counsel on either side.
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W.P.(MD)No.514 of 2021 and
material for the concerned authority to decide on the next course of action against the delinquent employee. As and when the surcharge proceedings are initiated against the petitioner, the charge against the petitioner will have to be independently established. In other words, the petitioner cannot be condemned solely on the strength of the enquiry report under Section 81 of the Act. To reiterate, the field is left open and all the other contentions of the petitioner can very well be canvassed in any subsequent proceeding that may be initiated based on the impugned report.
/ /2021 Sub Assistant Registrar(CS- )
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
+1 CC to M/s.M.SUBASH BABU, Advocate ( SR-1938[F] dated 22/01/2021 )
PMU
TE : 05/02/2021 : 2P/4C
W.P.(MD)No.514 of 2021 and W.M.P.(MD)No.440 of 2021 21.01.2021 (2/3)
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1 issue framed by the court
Whether the report under Section 81 of the Tamil Nadu Cooperative Societies Act is amenable to challenge by way of writ.
2 provisions across 1 enactments
G.Lal Bahadur Murugan
The Deputy Registrar of Cooperative Societies
The Cooperative Sub Registrar / Superintendent-II
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
