J SELVARETNAM Vs. ADDITIONAL COMMISSIONER OF INDUSTRIES COMMERCE

JUDGEMENT

(1.) THE petitioner has sought a Writ of Certiorari to quash the order of the first respondent in R.C.No.28059/ICBI/2005, dated 09.05.2005 and order of the third respondent in Lr.No.Sec.82 Inspection/2005 -06, dated 20.10.2005, in appointing the third respondent as the Inspection officer and for further orders.

(2.) BRIEF facts leading to the Writ Petition are as follows: The petitioner is working as a Deputy Director in the Department of Industry and Commerce and presently working as a General Manager, Indcoserve, Coonor, Nilgiris District. Earlier, he was working as Branch Manager, Madurai Branch of the second respondent bank. During his tenure, he was discharging his duties strictly in accordance with the rules and regulations of the bank without any blemish. The petitioner has further submitted that the second respondent Bank was established with a view to accelerate the growth of Industrial Co -operatives in the State of Tamil nadu. The main object of the bank is to prove a comprehensive range of financial assistance to the Industrial Co -operative Societies. The said Bank is managed by a Special officer, who is in the cadre of Joint Director of Industries and Commerce. Below him, there is a post of Official Liquidator at the Head Office and a Branch Manager for Madurai Branch in the cadre of Assistant Director of the Industries and Commerce.

(3.) THE petitioner has further submitted that any report to be submitted by the Inspection Officer under Section 82 of the Act would be the foundation for further action, which includes surcharge proceedings under Section 87 of the Act. Further, under Rule 104 of the Tamil Nadu Co -operatives Society Rules, 1988, the Inspection Officer along with his Inspection report, shall also submit a separate report, pointing out the lapses on the part of any officer and also suggest suitable action against that officer. Thus, the inspection to be conducted by the third respondent will have a larger implication and it may greatly prejudice the petitioner's service and life as well, if it is not conducted in a fair and proper manner.