RAVEENDRAN Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES, CHENNAI

JUDGEMENT

(1.) The present Writ Petition has been filed challenging an order passed by the second respondent herein, confirming the order of the third respondent, under which, the writ petitioner was permanently disqualified from holding any office of any registered society under Sec. 36 of the Tamil Nadu Co-operative Societies Act, 1983.

(2.) According to the petitioner, he was the president of Thiruvattar Primary Agricultural Co-operative Bank between 1996 and 1999. During the said tenure, there was no allegation as against the writ petitioner. After completing the tenure from his office, surcharge proceedings were initiated under Sec. 87 of the Tamil Nadu Co-operative Societies Act and an order was passed as against him on 9/10/2002. The main allegation on which such proceedings were initiated was that certain irregular appointments and promotions were made during his tenure in office.

(3.) The petitioner further contended that the order passed in the said surcharge proceedings was challenged by him along with others, in C.M.A (C.S)No.11 of 2003 on the file of the District Court / Cooperative Tribunal, Kannyakumari at Nagercoil. The learned District Judge was pleased to hold that the appointments were effected only pursuant to a settlement arrived at under Sec. 12 (3) Industrial Disputes Act on 7/10/1999. In view of the above said fact, the appeal filed by the writ petitioner was allowed and the surcharge proceedings were set aside on 17/4/2009. Immediately thereafter, notice was issued to the respondents, why action should not be initiated for permanently disqualifying him under Sec. 36 of the Tamil Nadu Co-operative Societies Act.