THE PRESIDENT NN. 536 Vs. S. POORNAM

JUDGEMENT

(1.) The appellant is a Co-operative Society registered under the provisions of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter, referred to as "the Act") and they are aggrieved by the order, dated 09.06.2016, made in W.P. (MD) No.17685 of 2014.

(2.) The writ petition, in W.P.(MD) No.17685 of 2014, was filed by the first respondent herein to quash the summons issued by the fourth respondent, dated 17.01.2014, under Sec. 81 of the Act and the proceedings of the third respondent, dated 27.03.2014.

(3.) The first respondent's husband Thiru.K.Subramanian was functioning as the Secretary of the appellant - Society and he died in harness on 02.08.201 Alleging that, during his lifetime, he had misappropriated funds of the Society, which were allocated for drought relief, an inquiry was ordered under Sec. 81 of the Act. By virtue of the power conferred under Sec. 81 of the Act, the Registrar may, either suo motu or on application of a majority of the Board or on the request of the Financing Bank or of the District Collector, hold an inquiry or direct some persons authorised by him to hold an inquiry into the constitution, working and financial conditions of a registered Society on any alleged misappropriation, fraudulent retention of any money or property, breach of trust, corrupt practise, or mis-management in relation to that Society or into any particular aspect of the working of that Society.