A RAMASAMY Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner as well as the respondents. 1. It is the case of the petitioner that he is the former president of the MH 13 Peraringnar Anna Weavers co-operative Society, Jakkampatty. The petitioner further states that the first respondent had appointed the second respondent as the Inquiry Officer for an inquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, and summons was sent to the petitioner in June, 2002. It is stated that there was no mention about the purpose and details of the enquiry. On 12. 08. 2002, the petitioner had sent a letter to the second respondent requesting him to inform about the purpose of the inquiry. However, the second respondent without furnishing the details of the inquiry submitted a report, dated 11. 09. 2002. In the meanwhile, the first respondent had issued three proceedings to the petitioner herein in na. Ka. 3216/2002/g, dated 19. 03. 2003 2) Na. Ka. 3216/2002/g2, dated 19. 03. 2003 3)Na. Ka. No. 3216/2002/g3, dated 19. 03. 2003. On the basis of the said report, the first respondent had initiated action against the petitioner for the alleged loss under Section 87 of the Tamil Nadu Co-operative societies Act, 1983. It is the case of the petitioner that since the inquiry report made under Section 81, dated 11. 09. 2002, is itself perverse and illegal, the subsequent proceedings initiated under Section 87 of the Act, are also unsustainable in law. The petitioner has sent a letter to the second respondent requesting him to furnish a copy of the inquiry report. However, the same has not been furnished till date. The main grievance of the petitioner is that section 87 proceedings had been initiated against him without giving him a copy of the Section 81 enquiry report.

(2.) ON a perusal of the documents filed in support of the writ petition and on considering the facts and circumstances of the case, the first respondent is directed to furnish a copy of the enquiry report, dated 11. 09. 2002, passed under Section 81 of the Tamil Nad u Co-operative Societies Act, 1983, to the petitioner within a week from the date of receipt of a copy of this order. The petitioner is permitted to submit his explanation to the show cause notice, dated 19. 03. 2003, issued by the first respondent within 15 days from the date of receipt of such report. With the above directions the writ petition is disposed of. Consequently, the connected W. P. M. P and W. V. M. P s are closed. No costs. .