H RAJASEKAR Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) WHETHER the time limit provided in first proviso to Section 87(1) of the Tamil Nadu Co-operative Societies Act, 1983 is imperative or only directory is the question which needs to be answered in these writ petitions.

(2.) AN enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as "the Act") was ordered in respect of monetary loss said to have been caused by the petitioners herein, who were the employees of the Fourth Respondent Society. The Enquiry Officer submitted a Report on 18.08.2006 holding that the petitioners are responsible for the loss caused to the Society. Based on the said Report, on an application filed by the fourth respondent, a proceeding under Section 87(1) of the Act was initiated by the first respondent in Penal Assessment No.33/2008/Sa.Pa dated 01.08.2008 against the petitioners. Challenging the said proceeding on the ground that it is barred by limitation as provided in the first proviso to Section 87(1) of the Act, the petitioners are now before this Court. To the contrary, the contention of the respondents is that the time limit provided therein is not mandatory and the same is only directory and therefore, the impugned proceeding is not barred by limitation, warranting interference at the hands of this Court.

(3.) TO appreciate the said argument, it is necessary to refer to second proviso to Section 87(1) and Section 81(4) of the Act, which read as follows:-