R SUNDARAM Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES HOUSING CHENNAI; JOINT DIRECTOR OF CO-OPERATIVE SOCIETIES COIMBATORE; DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Writ Petition is filed seeking to quash the notice issued under Section 87 of the Tamil Nadu Co-operative Societies Act by the second respondent on 22.01.2013 insofar as the petitioner is concerned.

(2.) The petitioner was posted as Special Officer (Additional Charge) of Peelamedu Industrial Workers Building Society for the period from 2006 to 2008. At that point of time, one Mr.D.Sivanandam was the Secretary of the said Society. On 22.02.2008, the second respondent ordered an enquiry under Section 81 of Tamil Nadu Co-operative Societies Act, 1983 (for short, "The Act"), pertaining to irregularities in respect of sale of plots during the period from 2005 to 2007. The Enquiry Officer concluded the enquiry under Section 81 of the Act and forwarded his report dated 29.08.2008 to the first respondent. The Enquiry Officer found that the Former Secretary D.Sivanandam is responsible for the loss to the Society. The Enquiry Officer attributed negligence on the part of the petitioner in having allowed the said D.Sivanandam to retire and lack of supervision. Pursuant to the report, the second respondent issued a charge memo dated 26.12.2008 to the petitioner. After enquiry, the second respondent by order dated 28.02.2011 imposed a punishment of stoppage of increment without cumulative effect for a period of one year. Thereafter, on 13.08.2010, another enquiry under Section 81 of the Act was ordered by the first respondent. Based on the report of the Enquiry Officer dated 19.08.2011, the second respondent has issued a notice under Section 87 of the Act on 22.01.2013. Challenging the same, the petitioner has filed the present Writ Petition.

(3.) The learned counsel appearing for the petitioner would submit that Mr.Sivanandam, the Former Secretary, was responsible for the lapses and insofar as the petitioner is concerned, only negligence on his part has been attributed. He further placed his elaborate submissions by relying upon the Division Bench judgment of this Court in S.V.K.Sahasramam vs. Deputy Registrar of Co-op. Societies,2008 8 MadLJ 231; and also the judgment of this Court in D.Sathyamoorthy vs. The Deputy Registrar of Co-operative Societies and others,2014 CDJ 2475; and the judgment of this Court in K.Gopalan Manager, Internal Audit Nilgiris District Central Co-operative Bank & Others vs. The Deputy Registrar of Co-operative Societies Udhagamandalam Circle & Others,2014 CDJ 2869.