S KUMARASAMY Vs. DEPUTY REGISTRAR OF COP SOCIETIES

JUDGEMENT

(1.) The revision petitioner is the President in 134. Sakkammalpuram Primary Agricultural Cooperative Society. Another delinquent is the Secretary of the society. A joint award was passed against both of them. The Secretary died subsequently. Hence, the respondent has initiated proceedings only against the petitioner, leaving the legal representatives of the deceased Secretary. The action on the part of the respondent is being assailed by the respondent on three grounds. Mr. M. Thirunavukarasu, learned Counsel appearing for the petitioner would contend that inasmuch as the enquiry report was not supplied to the petitioner along with the notice sent under Section 87 of the Societies Act, the principles of natural justice have been violated which would vitiate the entire enquiry proceedings. Another ground is that there is no wilful negligence on the part of the President but the lapses are attributable to the other members of the society who are responsible for the transactions including the Secretary and hence, the President alone could not be proceeded with for his alleged wilful negligence. Yet another ground is that since the society has not impleaded the legal representatives of the deceased Secretary, initiating action against the President alone is not legal and it is settled law that such action is not sustainable.

(2.) The learned Additional Government Pleader would submit that the disciplinary proceedings have been conducted in accordance with the procedure, that since the wilful negligence was on the part of the President, he is liable for surcharge proceedings and that though there may be lapse on the part of the Society to implead the legal representatives of the Secretary, the action against the President is sustainable.

(3.) As far as the first ground is concerned, notice tinder Section 87 of the Societies Act was issued to the petitioner on 17.04.2007 and the same was served upon him on 20.04.2007. Even though it is mentioned therein that the enquiry report submitted by the Enquiry Officer under Section 81 of the Cooperative Societies Act has been enclosed, in fact, it was not so. It is evident from the fact that the proceeding viz., the enquiry report prepared by the Enquiry Officer is dated 29.07.2006. Both the notices under Sections 87 and 81 and the report under Section 87 of the Act have been produced. When the report under Section 87 of the Act was not served upon the petitioner, the society sent notice under Section 87 of the Act to the petitioner on 29.07.2006 but without enclosing the copy of the enquiry report under Section 81 of the Act. While they sent the notices under Section 87, the report under Section 81 of the Act should also accompany. But only on 17.04.2007 the enquiry report under Section 81 of the Act was sent to the petitioner along the covering letter which was served upon the petitioner on 20.04.2007. It shows that long after the issue of the notice under Section 87, the report under Section 81 was served upon the petitioner. Since, the petitioner was not afforded with ample opportunities at the time of receipt of notice under Section 87 it has to be observed that the principles of natural justice have been violated which would vitiate the entire proceedings.