R KRISHNARAJ Vs. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The unsuccessful writ petitioner is the appellant herein. This intra-court appeal is directed against the order dated 05.08.2019 passed in W.P.No.10668 of 2019, whereby, the learned Single Judge confirmed the order passed by the Revisional Authority / first respondent, and dismissed the Writ Petition.

(2.) The relevant background facts of the case are that:- The appellant was working as Special Officer in the Co-operative Agricultural Marketing Society at Cuddalore between 07.07.2010 and 07.06.2012. While so, the Deputy Registrar of Co-operative Societies, Cuddalore, noticing large scale irregularities in disbursement of loans, had ordered enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 [hereinafter referred to as "the Act"] on 24.09.2013 and after completion of enquiry, the Enquiry Officer submitted his report on 01.04.2014, holding that the appellant in connivance with the Accountant-K.Karunanithi had misappropriated the funds of the Society and recommended for criminal prosecution. The said recommendation of the Enquiry Officer to initiate criminal prosecution was challenged by the appellant in W.P.No.21776 of 2014 on the ground that under Section 81 of the Act, the Enquiry Officer has no power to recommend for criminal prosecution and the said Writ Petition was also dismissed by this Court on 28.04.2016. Aggrieved by the said order, the appellant had preferred Intra Court Appeal in W.A.No.1275 of 2016 and the Division Bench of this Court, disposed of the Writ Appeal on 20.10.2016, by directing the appellant to approach the Revisional Authority within a period of one month from the date of receipt of that order. Based on the directions given by the Division Bench of this Court, the appellant preferred Statutory Revision before the first respondent and the first respondent, after giving an opportunity, dismissed the Statutory Revision on 04.03.2019. The said dismissal order of the first respondent was challenged before this Court in W.P.No.10668 of 2019 and the learned Single Judge of this Court, after hearing the parties, had dismissed the Writ Petition on 05.08.2019. Challenging the said order passed by the learned Single Judge, the appellant is before this Court by way of this intra Court Appeal.

(3.) The learned Counsel for the appellant has made the following contentions:-