S PONMANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) PETITIONER seeks Writ of Mandamus forbearing the Respondents from initiating any disciplinary action against the Petitioner on the basis of the report of 4th Respondent under Sec.81 of Tamil Nadu Co -operative Societies Act and also to direct the Respondents to consider the defence of the Petitioner.

(2.) RELEVANT facts in brief are as follows: - During the period 20.01.1996 to 17.06.1997, Petitioner was working as Joint Registrar of Co -operative Societies, Perambalur region. On complaints received that certain irregularities have been committed in the purchase of burglary alarms by Primary Agricultural Co -operative Banks and other Co -operative Institutions in Perambalur region, a fact finding enquiry was ordered. In the fact finding enquiry, it was observed that there is prima facie evidence of irregularities in such purchase, a statutory enquiry under Sec.81 of Tamil Nadu Co -operative Societies Act [for short 'Act'] was ordered into the affairs of Primary Agricultural Co -operative Banks and other Institutions numbering 91 in Perambalur region by the Proceedings Rc.166533/98 SISI dated 20.5.1999 of 3rd Respondent -Additional Registrar (Marketing Planning and Development).

(3.) UPON examination of enquiry report and suggestion of the Enquiry Officer, the Registrar of Co -operative Societies [2nd Respondent] instructed the Regional Joint Registrar, Perambalur to initiate disciplinary proceedings against the departmental officers and also addressed the Government to initiate disciplinary action against the Petitioner, the then Joint Registrar of Perambalur region and also one K.Jayabalan, Deputy Registrar, Ariyalur. As per letter No.20234/CE2/2000 -7 Co -operation, Food and Consumer Protection Department dated 26.3.2002, Government initiated disciplinary proceedings against the Petitioner.