A S DHANAPAL Vs. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES TIRUPATTUR CIRCLE TIRUPATTUR VELLORE DISTRICT

JUDGEMENT

(1.) (PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records on the file of the 2nd respondent relating to the order in Tha.Thee.3/2006-07 dated 17.8.2006 and quash the same.) 1. The challenge in this writ petition is to the order passed by the second respondent dated 17.08.2006 in proceedings Tha.Thee.3/2006-07, with a prayer to quash the same.

(2.) THE petitioner was working in the Cooperative Department as Attender and he was promoted as Secretary (In-charge) of Ambur Co-op. Land Development Bank Ltd. He reached the age of superannuation on 31.3.1997 and he was allowed to retire from service on the same day. He has also been disbursed with all retirement benefits.

(3.) PER contra, Mrs.P.Rajalakshmi, learned Government Advocate appearing for the respondents 1 and 2 contended that Section 87(1) First Proviso is only directory and not mandatory and as such, the proposal to initiate surcharge proceedings under Section 87 of the Act on the basis of the impugned show cause notice is not liable to be quashed. It is further contended that the contents of the enquiry report was also stated in the notice itself and as such, the petitioner would not have suffered any prejudice.