This writ petition has been filed seeking to quash the proceedings of the first respondent in Na.Ka.459/2015/Ku.Na dated 10.05.2016 and consequently direct the first respondent to conduct surcharge proceedings afresh in compliance with Section 87(4) of the Tamilnadu Co-operative Societies Act, 1983.
2. Brief facts of the case is as follows :-
Pursuant to the enquiry conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, the petitioner was placed under suspension for the irregularities relating to the disbursement of crop insurance amount during the year 2012-13. The enquiry officer completed the enquiry and submitted his report on 18.06.2015. Based on the same, the 1st respondent issued notice under Section 87 of the Act alleging that the petitioner has caused a loss of Rs.6,85,275/-and so the same is liable to be recovered. Further to the enquiry, disciplinary proceedings and surcharge proceedings were initiated against the petitioner. Subsequently, criminal case was also registered against the petitioner and 11 others. Therefore, the petitioner has filed this writ petition seeking the aforesaid prayer.
3. During the course of arguments, the learned counsel for the petitioner fairly conceded that there is an appeal remedy available for the petitioner under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983. However, the learned counsel for the petitioner seeks this Court to grant liberty to the petitioner to raise additional grounds, if any, before the Appellate Court.
4. The learned counsel for the respondents have no objection to permit the petitioner to raise additional grounds in the appeal filed under Section 152 of the Act, before the Appellate Court.
5. In view of the above submissions made by the learned counsel for the parties, the writ petition is dismissed as not maintainable. However, liberty is granted to the petitioner to file an appeal before the Appellate Authority, within a period of four weeks from the date of receipt of a copy of this order, if so advised. It is also open to the petitioner to raise additional grounds, if any. Registry is directed to return the original order to the learned counsel for the petitioner, after getting a copy of the said order. Consequently, the connected M.P is closed. No order as to costs.
04.09.2017 avr Index:Yes/No Internet:Yes/No To
1. The Deputy Registrar of Co-operative Societies, Nagappatinam Circle, Nagappatinam, Nagappatinam District.
2. The President, Z 719, Thittacheri Primary Agricultural, Co-operative Credit Society Ltd., Purakiramam 609 703, Nagappatinam District.
D.KRISHNAKUMAR.J., avr W.P.No.19983 of 2016 and W.P.M.P.No.17226 of 2016 04.09.2017