High Court · 2025

W.P. No. 33266 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.02.2025CORAMTHE HON'BLE Ms. JUSTICE R.N.MANJULAW.P. No. 33266 of 2019 C.Thavamani … Petitioner -vs-1. The Joint Registrar of Co-operative Societies Dharmapuri Region Dharmapuri.2. The Joint Registrar /Managing Director Dharmapuri District Central Co-operative Bank Ltd. Dharmapuri.3. S.994 Kalappanahalli Primary Agricultural Co-operative Credit Society Rep. By its President Kuppankarai, Kariamangalam Tk. Dharmapuri District. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to order dated 10.10.2019 made in Na.Ka.No.3035/2017/Sa.Pa. Passed by the 1st respondent in confirming the order made in Na.Ka.No.197/2015/B2 dated 20.03.2017 by the second respondent so far it is against the petitioner and consequently direct the respondents to pay all attendant benefits to the petitioner. 1/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 For Petitioner:Mr.G.EthirajuluFor Respondents : Mr.M.Muthusamy, GA (RR1 to 3)Mr.M.Thirumoorthyfor Mr.L.P.Shanmugasundaram (R2)O R D E RThis writ petition has been filed challenging the order dated 10.10.2019 made in Na.Ka.No.3035/2017/Sa.Pa. passed by the first respondent in confirming the order made in Na.Ka.No.197/2015/B2 dated 20.03.2017 by the second respondent so far it is against the petitioner and consequently direct the respondents to pay all attendant benefits to the petitioner. 2.Heard Mr.G.Ethirajulu, learned counsel for the petitioner and Mr.M.Muthusamy, learned Government Advocate for the first and third respondents and Mr.M.Thirumoorthy representing for Mr.L.P.Shanmugasundaram, learned counsel for the second respondent and perused the materials placed on record, apart from the pleadings of the parties. 3.The petitioner was appointed as an Assistant in Dharmapuri District Central Co-operative Bank Limited on 01.12.2010. The petitioner has worked as a Circle Supervisor between the period from 02.07.2013 to 31.07.2015. On 2/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 22.03.2016, the second respondent issued a charge memo on certain allegations to the petitioner. The petitioner submitted his explanation on 09.05.2016 and stated that the defect was due to the improper maintenance of the ledger by the third respondent society by the superior. The charge memo did not reveal that any loss has occurred due to the negligence of the petitioner. The petitioner was not given with the copy of the 81 enquiry report. The enquiry officer filed a report to the second respondent without conducting proper enquiry. The mere reading of the enquiry report dated 19.07.2016 would show that there was no discussion about the charges. On receipt of the second show cause notice also, the petitioner has given his explanations and the petitioner has not given any undertaking on his own but only out of compulsion. The second respondent simply concurred with the enquiry officer's findings without analysing the report. The first respondent /revisional authority also mechanically accepted the orders of the second respondent. 4.The learned counsel for the petitioner submitted that the enquiry has been conducted in violation of principles of natural justice and the charge memo did not have any monetary ingredients to make out the charges. Both the first and second respondents authority did not discuss the matter in detail as they did not apply their mind. The petitioner was forced to give an undertaking that the 3/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 enquiry was conducted in a fair manner and hence it is not acceptable. In the absence of any enquiry against the third respondent employees, the second respondent has got no jurisdiction to enquire the petitioner on his own. 5.The learned counsel for the respondents 1 and 2 submitted that the enquiry has been conducted only after following the due procedure and after giving due opportunity to the petitioner. When the petitioner was working as a Circle Supervisor between the period from 02.07.2013 to 31.07.2015, he had the responsibility to look-after various societies including the third respondent society. In an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, as ordered by the Deputy Registrar in respect of the third respondent society, it is revealed that money was misappropriated during jewel loan transactions, the jewels of jewel loan defaulters and some of the jewels in the safe locker and the jewels of the deceased jewel loan borrowers were embezzled, misappropriation of the repayment of the loan amount towards jewel loan, misappropriation of the money received from the self help groups, misappropriation of the cash in hand, misappropriation of money by not making credits in the accounts, misappropriation of money by altering the accounts etc.,4/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 5.1.The petitioner being the superior is bound to supervise the working of the society and his negligence had caused loss to the tune of Rs.1,54,92,992.60 to the society. In a disciplinary action initiated against the petitioner, he was given with the punishment of stoppage of increment for three years with cumulative effect. The review petition filed by the petitioner before the first respondent has resulted in modification of the punishment to a punishment of stoppage increment for three years without cumulative effect. 6.Some of the essential duties for the petitioner is to supervise the proper functioning of the society under his control. Without verifying the records, the jewel loan has been sanctioned by the society. Both the disciplinary authority and revisional authority after having convinced with the report and materials have passed the order by applying their mind. 7.The charges against the petitioner is grave in nature. The petitioner's role as a supervisor requires him to execute the following function:-(i)To watch the work of the societies, in the societies allotted to him;(ii) To be responsible for the proper functioning of the societies, under his control;(iii) To take-up quarterly inspection of atleast 1/3 of the society allotted to 5/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 him in a month and all the societies within the quarter; and (iv) To send special report if any (defects or lapse requires immediate action);(v) To check the accounts of the societies from the date of his last visit to the society to the date of his visit. (vi) To verify the cash balance and sign the Day Book for having checked the accounts and verified the cash balance;(vii) To ensure that there is proper security for the loans disbursed to the societies by the Bank; and(viii) To ensure following register are maintained properly and up to date-day book pledge stock register, jewel loan register, appraiser register, jewel verification register, jewel stock register, jewel loan security register. 8.Despite the petitioner has stated that the charges are not accurate and specific, he did not challenge the charges, he participated in the enquiry proceedings by understanding the charges and by offering his explanations. The enquiry report would show that the petitioner has been given with due opportunity and he has been furnished with all the relevant materials relied by the department. Insofar as the quantum of the loss caused to the society, the loss 6/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 to be paid by the petitioner would be determined under Section 87 surcharge proceedings. Insofar the domestic enquiry conducted against the petitioner is concerned, the scope to invoke jurisdiction under Article 226 of the Constitution is very limited. The petitioner could offer his explanations only because he has given with opportunity to offer his explanation and at the conclusion of the enquiry all the charges have been found to be proved. Some of the charges are serious in nature. 8.1.The petitioner has stated that he was over burdened with work and hence he could not supervise properly and that was not accepted. The disciplinary authority has thoroughly perused the report of the enquiry officer and had chosen to pass an order of punishment against the petitioner, by accepting the enquiry report. The petitioner himself has given in writing that he was given with due opportunity at the time of enquiry. Hence, the petitioner is estopped from saying now that he has not been given with any opportunity. 9.A very lenient view has been taken in the matter of punishment by imposing a less severe punishment of stoppage of increment for three years with cumulative effect. Even when the second respondent /disciplinary authority has imposed the punishment of stoppage of increment for three years with 7/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 cumulative effect. The first respondent has reduced it further by ordering stoppage of increment for three years without cumulative effect. There is no lack of jurisdiction on the part of the respondents to pass the above order. The petitioner did not make out any ground to show that there is a violation of principles of natural justice as pleaded. The orders passed by the respondents are speaking orders and they are based on the evidence available during the enquiry. The punishment imposed also is not disproportionate to the allegation made. The petitioner has been given with the reasonable opportunity to participate in the enquiry and he could defend himself effectively, I do not find any reason to set aside the impugned orders. 10.In view of the above stated reasons, this writ petition is dismissed. No costs. 21.02.2025Index: Yes/No 3/3Internet: Yes/NoSpeaking /Non-speaking orderMayaTo1. The Joint Registrar of Co-operative Societies Dharmapuri Region Dharmapuri.8/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 2. The Joint Registrar /Managing Director Dharmapuri District Central Co-operative Bank Ltd. Dharmapuri.9/10 https://www.mhc.tn.gov.in/judis W.P. No. 33266 of 2019 R.N.MANJULA, J.Maya3. S.994 Kalappanahalli Primary Agricultural Co-operative Credit Society Rep. By its President Kuppankarai, Kariamangalam Tk. Dharmapuri District.W.P. No. 33266 of 2019 Dated :21.02.20253/310/10