Madras High Court
Sriperumbudur Agricultural Producers ... vs The Deputy Registrar Of Coop. Societies on 26 August, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.33477 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Writ Petition No.33477 of 2014
and
M.P.Nos.1 & 2 of 2014
Sriperumbudur Agricultural Producers Coop.
Fair Price Shop Salesmen & Employees Sangam,
Regd.No.400/KPM
Rep by its President, D. Anburose. ...Petitioner
-Vs-
1. The Deputy Registrar of Coop. Societies,
Kancheepuram Circle,
Anna Coop. Training Institute Campus,
Opp. to Collectorate,
Vandavasi Road, Kancheepuram.
2. The Enquiry Officer/ Field Officer,
(Coop. Sub Registrar)
O/o.Deputy Registrar of Coop. Societies,
Kancheepuram Circle,
Anna Coop. Training Institute Campus,
Opposite to Collectorate,
Vandavasi Road, Kancheepuram. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorari, calling for the entire
records relating to the impugned order passed by the 1 st respondent in his
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.33477 of 2014
proceedings Na. Ka. 3232/2011/A-1, dated 04.12.2014 and quash the
same.
For Petitioner : Mrs.R.Hemalatha
for C.Prakasam
For Respondents : Mr.M.Bindran
Additional Government Pleader
ORDER
The order impugned dated 04.12.2014, issued by the Deputy Registrar of Cooperative Societies, ordering for a statutory inquiry under Section 82 of the Cooperative Societies Act, is under challenge in the present Writ Petition.
2. The petitioner is Sriperumbudur Agricultural Producers Cooperative Fair Price Shop Salesmen & Employees Sangam. The petitioner states that the members of the petitioner Sangam were working as employees of the Cooperative Society as Salesmen and in the Sriperumbudur Agricultural Producers Cooperative Marketing Society. The employees of the said society are facing the threat of disciplinary proceedings as well as surcharge proceedings in the guise of Section 82 inspection conducted by the first respondent under the provisions of the https://www.mhc.tn.gov.in/judis 2/6 W.P.No.33477 of 2014 Tamil Nadu Cooperative Societies Act. Thus the petitioner Sangam has chosen to file the present Writ Petition.
3. Section 81 of the Tamil Nadu Cooperative Societies Act contemplates inquiry, and the Registrar may of his own motion and shall on the application of the majority of the board, all of not less than 1/3rd of the members, or on the request of the Financing Banks or of the District Collector hold an inquiry or direct some person authorized by him or by an order in writing in his behalf to hold an inquiry into the Constitutional working and financial condition of the registered society or any alleged misappropriation, fraudulent retrenchment 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. Thus, the statutory inquiry is contemplated to find out the affairs of the Society and such an inquiry is to be ordered either on own motion or based on the application as contemplated under Section 81 of the Act.
4. Section 82 of the Act stipulates inspection and investigation which can also be conducted. Once an Inquiry Officer is appointed under https://www.mhc.tn.gov.in/judis 3/6 W.P.No.33477 of 2014 Section 81, he is empowered to conduct inquiry into the affairs of the Cooperative Society and submit a report. Based on the report, three fold actions are permissible against the held officials :
(i) Disciplinary action may be initiated against the employees,
(ii)Surcharge proceedings under Section 87 of the Act may be instituted to recover the financial loss if any occurred to the Cooperative Societies,
(iii)A criminal case can be registered before the Commercial Trade Investigation Wing of the Police Department and the offenders may be prosecuted in the manner known to law.
5. All the three fold actions are permissible under the provisions of the Act and simultaneously, actions can be initiated by the Competent Authority based on the inquiry report. That being the scope of the Act, the petitioner Sangam has filed the Writ Petition challenging the inquiry ordered by the Competent Authority under Section 81 of the Act. First of all, the petitioner has no locus standi to question the said statutory inquiry ordered by the Competent Authority, since it was ordered against a particular Society and therefore, the Sangam cannot file a Writ Petition and such Writ Petition is not entertainable. https://www.mhc.tn.gov.in/judis 4/6 W.P.No.33477 of 2014
6. If at all an employee is aggrieved, he is at liberty to redress the grievances in the manner known to law. Contrarily, the Writ Petition filed by the Sangam is not maintainable and more so, the statutory inquiry ordered is not providing the cause for the purpose of filing the Writ Petition. It is only an inquiry to be conducted to trace out the irregularities, if any, in the Society and under these circumstances, the petitioner has not established even a semblance of right so as to entertain the Writ Petition.
7. Accordingly, the Writ Petition Stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
26.08.2022 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order sha/hvk https://www.mhc.tn.gov.in/judis 5/6 W.P.No.33477 of 2014 S.M.SUBRAMANIAM, J.
sha/hvk To
1.The Deputy Registrar of Coop. Societies, Kancheepuram Circle, Anna Coop. Training Institute Campus, Opp. to Collectorate, Vandavasi Road, Kancheepuram.
2. The Enquiry Officer/Field Officer, (Coop. Sub Registrar) O/o.Deputy Registrar of Coop. Societies, Kancheepuram Circle, Anna Coop. Training Institute Campus, Opposite to Collectorate, Vandavasi Road, Kancheepuram.
W.P.No.33477 of 2014
26.08.2022 https://www.mhc.tn.gov.in/judis 6/6