Madras High Court
P.Jayachandra Sekar vs The Joint Registrar Of Cooperative on 8 February, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.4625 of 2018 and
W.M.P.Nos.5701 & 5702 of 2018
P.Jayachandra Sekar ...Petitioner
Vs
1.The Joint Registrar of Cooperative
Societies,
Tiruppur Region,
Tiruppur District.
2.The Deputy Registrar of Cooperative
Societies,
Dharapuram Circle, Dharapuram,
Tiruppur District.
3.The President,
Kongalnagaram Primary Agricultural
Cooperative Credit Society,
Kongalnagaram, Gudimangalam via,
Udumalpet Taluk,
Tiruppur District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the entire
records relating to the impugned order passed by the third respondent
in his proceedings No. Nil, dated 24.04.2017 and quash the same
consequently direct the respondents to reinstate the petitioner into
service as backwages, attendant benefits and other monetary benefits.
http://www.judis.nic.in
2
For Petitioner : Mr.C.Prakasam
For Respondents : Mr.L.P.Shanmugha Sundaram
Special Government Pleader(Co-Op)
ORDER
The order of termination dated 24.04.2017 issued by the 3 rd respondent/ President Kongalnagaram Primary Agricultural Cooperative Credit Society, is under challenge in the present writ petition.
2. The learned counsel for the writ petitioner vehemently contended that the charges against the writ petitioner was initially dropped by the very same 3rd respondent/President and subsequently, pursuant to the orders of the Deputy Registrar of Cooperative Societies, once again the 2nd Show Cause Notice was issued based on the report and thereafter, a final order was passed, terminating the services of the writ petitioner.
3. The writ petitioner was serving as senior clerk in the 3rd respondent/ Co-operative society. Co-operative Society is not a “State” within the meaning of Article 12 of the Constitution of India. Thus, no writ petition can be entertained against the order passed by the President, Co-operative Society, in view of the Judgement of the Larger Bench of this Court in the case of Marappan and others Vs. Deputy http://www.judis.nic.in 3 Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689.
4. However, the learned counsel for the petitioner raises a ground that the 1st order was passed by the President/3rd respondent in proceeding dated 24.11.2006, dropping all the charges against the writ petitioner. In respect of the very same charges, the 2 nd show cause notice was issued on 29.03.2017 and once again, the final order of termination was passed on 24.04.2017. Thus, the impugned order of termination was issued at the instance of Deputy Registrar of Co- operative societies, who has no power to issue any such direction to the 3rd respondent / President to terminate the services of the writ petitioner. In view of the fact that such a serious fact is placed before this Court, this Court has perused the order impugned and it is pertinent to note that an amount of more than Rupees Two crores are misappropriated from the 3rd respondent/Co-operative Society.
5. In view of the fact that an amount of more than Rupees Two Crores are under misappropriation, this Court is of the considered opinion that some more irregularities ought to have been noticed by the officials concerned. This Court is not satisfied with the manner in which the Registrar and the Joint Registrar of Co-operative Societies http://www.judis.nic.in 4 conducted the enquiries and passed these kinds of issues, wherein large number of misappropriation of the Public Funds are involved.
6. In a small Primary Agricultural Co-operative Society like that of the 3rd respondent, if substantial amount of Rupees Two Crores is found to be misappropriated, then the Registrar must take appropriate steps to conduct a proper enquiry and initiate action against all the persons, who all are responsible for such huge amounts of misappropriation. The writ petitioner pleads his innocence. However, the merits and demerits of the case cannot be adjudicated in the present Writ proceedings.
7. Admittedly, the 1st order was passed by the 3rd respondent, dropping the charges against the writ petitioner. However, after dropping of the charges, a 2nd Show Cause Notice was issued and thereafter, an order of termination was passed. These circumstances are certainly doubtful and raises several question in the minds of the Court. The authorities competent have not gone into the seriousness of the allegations. If an amount of Rupees Two Crores are under misappropriation, certainly serious actions are to be initiated and if necessary, by thoroughly conducting a statutory enquiry under Section 81 of the Tamil nadu Co-operative Societies Act and if a statutory enquiries ordered in respect of the 3rd respondent Cooperative Society http://www.judis.nic.in 5 and final a report is submitted within a short span of period, all further actions including criminal prosecutions, surcharge proceedings and departmental disciplinary proceedings are to be initiated. The conduct of the President by passing a different and distinct order has also to be enquired into. All such enquiries are to be conducted by the Joint Registrar of the Cooperative Societies and all suitable actions are to be initiated.
8. Thus, Registrar of Co-operative Societies, Kilpauk, Chennai has to intervene in this matter and initiate appropriate action in respect of affairs of the 3rd respondent Co-operative Society. In view of the discrepancies even in passing the orders in the departmental disciplinary proceedings, the Registrar of Co-operative Societies, NV Natarajan Maaligai, 170, Periyar EVR High Road, Poonamallee High Road, Chennai – 600 010 is directed to conduct an enquiry through any other independent Officer not below the rank of the Additional Registrar of Co-operative societies and initiate all appropriate actions in respect of the serious allegations of the misappropriation of the funds of the Society running more than Rupees Two Crores. The Registrar shall exercise the same within a period of four(4) weeks from the date of receipt of a copy of this order.
http://www.judis.nic.in 6
9. As far as the present impugned order of termination is concerned, the writ petitioner is at liberty to file a revision petition under Section 153 of the Co-operative Societies Act as no writ petition can be entertained against the order passed by the President of the Co- operative Society.
10. With these liberty to the writ petitioner and a direction to the Registrar of Co-operative Societies, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Post this matter for “Reporting Compliance” on 15.03.2019.
08.02.2019
Index : Yes
Internet : Yes
Speaking Order
kak/kmm
Note: Registry is directed to communicate the copy of this order to the Registrar of Cooperative Societies, NV Natarajan Maaligai, 170, Periyar EVR High Road, Poonamallee High Road, Chennai – 600 010 http://www.judis.nic.in 7 To
1.The Joint Registrar of Cooperative Societies, Tiruppur Region, Tiruppur District.
2.The Deputy Registrar of Cooperative Societies, Dharapuram Circle, Dharapuram, Tiruppur District.
3.The President, Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Gudimangalam via, Udumalpet Taluk, Tiruppur District.
4.The Registrar of Cooperative Societies, NV Natarajan Maaligai, 170, Periyar EVR High Road, Poonamallee High Road, Chennai – 600 010 http://www.judis.nic.in 8 S.M.SUBRAMANIAM, J.
kmm W.P.No.4625 of 2018 and W.M.P.Nos.5701 & 5702 of 2018 08.02.2019 http://www.judis.nic.in