SPECIAL OFFICER Vs. S. MUNIARAJ AND OTHERS

JUDGEMENT

(1.) This is an appeal against the impugned order dated 21.07.2014, in W.P.(MD)No.2285 of 2012, passed by the learned Single Judge of this Court.

(2.) The appellant is the Special Officer of Srivilliputhur Taluk Co- operative Housing Society, Srivilliputhur, Virudhunagar District. The above said co-operative society is governed by the Tamil Nadu Co-operative Societies Act, 1983 (As amended by Tamil Nadu Act 5 of 2013) [hereinafter referred to as "the Act"]. The first respondent was formerly the Secretary of the Srivilliputhur Taluk Co-operative Housing Society, Rajapalayam, from 1985 to 1993. It is alleged that during his tenure, there were irregularities and sanction of loans to two members namely Mr.S.Paramasivam on 28.03.1991 and Mr.A.Sivakaminathan on 03.04.1991 for Rs.60,000/- each. According to the appellant, these two loans were sanctioned against two fraudulent sale deeds in order to facilitate construction of a guest house in the spinning mill premises of M/s.Alagu Meenatchi Spinning Mills, belonging to the former President A.Thangam (since deceased) of the same society. Further, according to the appellant, this fraud came to light only when the auction was conducted in the execution application and since the property was inside the compound wall of the said mill, there were no takers of the said property.

(3.) An enquiry was initiated by the appellant in the matter and a report dated 14.07.2011 was submitted by the Enquiry officer under Section 81 of the Act. Based on his report, surcharge proceedings were initiated against the first respondent on 01.02.2012, under Section 87 of the Act and the Deputy Registrar of Co-operative Societies (second respondent in the appeal) summoned the first respondent to appear before him. Aggrieved by this action, the first respondent approached the High Court in W.P.(MD)No.8914 of 2011, seeking directions for furnishing all the relevant documents to enable his defence in the enquiry proceedings initiated against him. This writ petition was allowed by the learned Single Judge of this Court vide order dated 109.2011, in which the first respondent was directed to approach the second respondent herein along with a copy of the order and a list of documents and complete the proceedings expeditiously.