According to the petitioner, the enquiry was initiated by the respondent against the petitioner under Section 87 of the Tamil Nadu Co- operative Societies Act.
2. On receipt of the said notice, the petitioner before this Court in W.P.No.30220 of 2015 dated 25.09.2015. This Court has directed the respondent to permit the petitioner to peruse the document. The relevant paragraph of the order reads as follows:-
''5. This Court, upon hearing the rival submissions of both sides and in the light of the facts and circumstances of the case and without going into the merits of the same, directs the first respondent to permit the petitioner to peruse the documents referred to in the surcharge proceedings and take notes/copies of the same or the first respondent himself can furnish documents referred to in the representation of the petitioner dated 03.09.2015 within a period of six weeks from the date of receipt of a copy of this order. Till then, the respondent shall defer further decision in terms of surcharge notice dated 17.08.2015.''
3. Thereafter, the petitioner also made a representation to the 1st respondent to furnish copy of the said documents as directed by the High Court in the said report. Inspite of that without furnishing the copy of the documents, the respondent has passed the surcharge order under Section 87 of the Tamil Nadu Co-operative Societies Act. Challenging the said order, the petitioner has filed this writ petition before this Court.
4. On instructions, the learned Additional Government Pleader would submit that the enquiry report has not been furnished to the petitioner. In support of his contention, the learned Government pleader also placed the letter in tha.thee.No.2/2015 sa.pa. Dated 26.07.2017.
5. Mr.M.S.Palanisamy, learned counsel appearing for the 2nd respondent society submitted that the 1st respondent has to provide an opportunity to the petitioner before the 1st respondent.
6. In the light of the decision of this Court reported in 2017 (1) CTC 258 in the case of C.Kamaraj (in W.P.No.7648 of 2015), S.Saravanan (in W.P.Nos.16617 & 31309 of 2015) Vs. The Registrar of Co-operative Societies, 170 E.V.R.Periyar High Road, Kilpauk, Chennai and others has set aside the impugned order, on the ground that the petitioner was not furnished with the copies of the documents.
7. In the light of the above cited decision of this Court, this Court is inclined to interfere and set aside the order passed by the 1st respondent and the matter is remanded back to the 1st respondent to consider the surcharge proceedings afresh and proceed with the enquiry after furnishing the copy of the documents, as requested by the petitioner and pass appropriate orders on merits, in accordance with law, as expeditiously as possible.
8. With the above directions, this writ petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
26.07.2017 Speaking order / Non speaking order Index:Yes/No Internet:Yes/No ssn To
1. The Deputy Registrar of Co-operative Societies, Hosur Circle, Hosur, Krishnagiri District.
2. The President, K.K.127, Hosur Primary Agricultural Co-operative Credit Society Ltd., Hosur, Krishnagiri District.
3. C.Subramanian, The then Deputy Registrar of Co-operative Societies, Hosur Circle, Krishnagiri District.
D.KRISHNAKUMAR, J., ssn W.P.No.18537 of 2017 and W.M.P.No.20101 of 2017 26.07.2017