C.KANAGAJOTHI Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The Surcharge Notice issued under Section 87(1) of the Tamil Nadu Cooperative Societies is under challenge in the present writ petition.

(2.) The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner was holding the Post of Deputy Registrar of Cooperative Societies and allowed to retire from service on attaining the age of superannuation. His terminal and retirement benefits are not settled on account of the fact that the surcharge proceedings are initiated against him under Section 87 of the Tamil Nadu Cooperative Societies Act. The impugned notice is a Statutory Notice issued under Section 87(1), an enquiry is contemplated under the Provisions of the Act and such enquiry is to be conducted by the competent authority by providing opportunity to all the parties concerned. Thus, the writ petitioner has to participate in the process of enquiry to be conducted by the competent authorities in the Surcharge Proceedings and after passing of the final order by the competent authority under Section 87 of the Act, the writ petitioner is bound to approach the Special Cooperative Tribunal constituted under Section 152 of the Tamil Nadu Cooperative Societies Act. The respective Principal Sessions and District Judges are designated as Special Tribunal for Cooperative cases and therefore, after passing of the final order in the Surcharge proceedings, the writ petitioner has to approach the Tribunal Under Section 152 of the Cooperative Societies Act.

(3.) However, the learned counsel for the writ petitioner made a submission that the Surcharge proceedings initiated long back, is yet to be concluded and on account of long delay in concluding the Surcharge proceedings, the writ petitioner is deprived of his terminal and retirement benefits.