K RAJENDRAN Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The writ petition is directed against the circular issued by the first respondent, the Registrar of Co-operative Societies along with the consequential memo issued by the third respondent, Co-operative Bank dated 31.7.2008, by which the petitioner was allowed to retire on superannuation on 31.7.2008, but relieved on the said date without prejudice to the surcharge proceedings initiated under Section 87(1) of the Tamil Nadu Co-operative Societies Act. The writ petition is also for direction against the respondents to permit the petitioner to retire from service on superannuation on 31.7.2008 with all retirement benefits.

(2.) Earlier, the petitioner filed W.P. No. 19165 of 2008 against the impugned notice of the third respondent dated 31.7.2008. Since he had no other particulars and during the pendency of the said writ petition, in the counter affidavit it was informed that the third respondent passed the order only based on the circular issued by the first respondent wherein it is stated that the District Level Committee has to screen the retirement of persons employed in the Societies in all cadres, the said writ petition was withdrawn with liberty to file a fresh writ petition and thereafter, the present writ petition has been filed.

(3.) The petitioner was working as a Manager in the third respondent Society, against which an inquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 (in short, "the Act") was ordered. Subsequent to the inquiry, surcharge proceedings were initiated against the petitioner under Section 87 of the Act on 1.8.2005. The main charge was that the Society granted mortgage loans contrary to the bye-laws to the extent of Rs. 1 crore. The explanation submitted by the petitioner was rejected and surcharge order came to be passed holding that the petitioner and 24 other persons are responsible for irregularities.