Madras High Court
S.Kalimuthu vs The Registrar Of Co-Operative ... on 13 April, 2022
W.P.(MD).No.9066 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.04.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.9066 of 2016
and
W.M.P.(MD).No.7202 of 2016
S.Kalimuthu ... Petitioner
Vs.
1.The Registrar of Co-operative Societies,
N.V.Natarajan Maligai,
170, E.V.R. Periyar High Road,
Kilpauk,
Chennai – 600 010.
2.The Joint Registrar of Co-operative Societies,
The Joint Registrar's Office,
Marthandapuram 2nd Street,
Pudukkottai Town and District.
3.The Deputy Registrar of Co-operative Societies,
The Deputy Registrar's Office,
Kamatchiamman Kovil Street,
Aranthangi Town and Post,
Pudukkottai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to Na.Ka.No.3016/2014/A1 dated 27.04.2016 passed by the
second respondent herein, quash the same as illegal and arbitrary and
consequently direct the respondents to allow the petitioner to retire along with
his all retirement benefits.
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W.P.(MD).No.9066 of 2016
For Petitioner : Mr.K.Baala Sundharam
For Respondents : Mrs.D.Farjana Ghoushia,
Special Government Pleader.
ORDER
This Writ Petition has been filed challenging the impugned order
dated 27.04.2016 with a consequential prayer to direct the respondents to allow
the petitioner to retire along with his retirement benefits.
2. The brief facts of the case are that the petitioner was appointed
as Junior Inspector and subsequently promoted as Senior Inspector then
promoted as Co-operative Sub-Registrar and then as Field Officer. However,
the promotion was cancelled on the ground that the charge memo has been
issued against the petitioner. The petitioner challenged the same in W.P. (MD)
No. 12700 of 2010 and this Court vide order dated 14.10.2011 directed the first
respondent to reconsider the case with regard to the panel for promotion for the
year 2008 and the same was not considered. Then the petitioner was
constrained to file Contempt Petition in Cont. P. (MD).No.291 of 2012 and the
same is still pending. The allegations against the petitioner are when he was
working as Special Officer / Administrator in Ponpethi Primary Agricultural
Credit Cooperative Society from 04.10.2011 to 08.05.2013, he disbursed paddy
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W.P.(MD).No.9066 of 2016
produce loan to the members of the Society. The said loan amount was
collected with interest and by attaching the properties for the default loan
amounts. In the meanwhile, the petitioner was transferred to the third
respondents office as Field Officer. The petitioner was placed under suspension
vide order dated 05.10.2013 and the petitioner challenged the same in
W.P. (MD) No. 17745 of 2013 and the same is pending.
3. In the meanwhile, an enquiry officer was appointed and the
petitioner objected to the appointment of the enquiry officer since he was
facing some criminal charges and hence, the petitioner requested to change the
enquiry officer. But the same enquiry officer had conducted the enquiry. The
enquiry officer without giving opportunity to the petitioner submitted his report
on 26.08.2013. Based on that report, a complaint was forwarded to the
Inspector of Police, C.C.I.W., Pudukottai on 10.01.2014 by the third
respondent. Then a criminal case was registered in Crime No.1 of 2014,
challenging the same the petitioner preferred Crl.O.P.No.14353 of 2015 to
quash the FIR and the same is still pending. Then, the petitioner received a
notice dated 30.10.2015 from the second respondent and the petitioner
submitted a reply dated 01.03.2016. The petitioner again received notice on
15.04.2016 and submitted his explanation again on 23.04.2016. Thereafter the
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W.P.(MD).No.9066 of 2016
second respondent passed the order of dismissal on 27.04.2016 in Na.Ka.No.
3016/2014/A1. The contention of the petitioner is that the order of dismissal
dated 27.04.2016 was passed on the verge of petitioner’s superannuation on
30.04.2016. Aggrieved over the same, the petitioner has filed this Writ Petition
challenging the dismissal order dated 27.04.2016.
4. The respondents have submitted that the gist of the charges
against the petitioner is that the petitioner caused financial loss to the tune of
Rs.62.30 Lakhs by fabricating documents and creating false and bogus
documents as if stocks were held in the Tamil Nadu Warehousing Godown,
Pudukkottai towards disbursement of 21 numbers of “Produce Pledge Loan”.
In the above delinquency the petitioner along with one Thiru. S. Raja, the
Attender of the Society who has drawn cash to the tune of Rs.58.55 Lakhs from
Avudayarkoil Branch of Pudukkottai District Central Co-operative Bank and
disbursed the loan amount by cash on the false documents. 21 numbers of
“Produce Pledge Loan” together with interest was closed fraudulently. The
petitioner with malafide intention has created Savings Bank Accounts in respect
of seven persons and has transacted an amount of Rs.17.58 Lakhs in the said
accounts on false records and has taken an insurance policy with New India
Assurance Company Limited for 8813 Paddy bags. However, the stocks were
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W.P.(MD).No.9066 of 2016
not available at the Thazhanur Godown at the time of insurance and hence the
petitioner has not maintained absolute integrity and devotion of duty.
5. The petitioner has received charge memo on 06.01.2014 and
submitted his explanation on 16.07.2014. In this occurrence, the Deputy
Registrar/Personnel Officer, Office of the Joint Registrar of Cooperative
Society, Pudukottai Region was appointed as enquiry officer by the proceedings
of the Joint Registrar of Co-operative Society. The enquiry officer submitted his
report on 14.09.2015 and the enquiry report was forwarded to the petitioner.
The petitioner instead of submitting the explanation has sought time for one
more month. Then the petitioner finally submitted his explanation on
01.03.2016. The petitioner was also given personal opportunity on 29.03.2016.
The enquiry report has held that the charges were proved. The amount is huge
and the petitioner is liable for punishment and penalty. The petitioner has filed
several writ petitions in order to obstruct the disciplinary proceedings. There is
no merit in the Writ Petition and prayed to dismiss the Writ Petition.
6. Heard Mr. K. Baala Sundharam, learned counsel for the
petitioner and Mrs. D. Farjana Ghoushia, learned Special Government Pleader
for the respondents.
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W.P.(MD).No.9066 of 2016
7. The learned counsel for the petitioner submitted that the
impugned order of dismissal was passed by Joint Registrar of Co-operative
Societies and he is not having any jurisdiction to pass an order. The
appropriate authority is the first respondent. The learned counsel for the
petitioner relied on judgment rendered in the proceedings of the Registrar of
Cooperative Society in another case in Na.Ka.No.15170/2019/ONa.03 dated
22.02.2020 wherein it has been held that the appointing authority is the
Registrar Cooperative Society and hence Joint Registrar has passed an order
which is without jurisdiction and hence quashed the disciplinary proceedings
initiated with regard to another person namely, Kalagar Meera Mohammed.
8. The learned Government Pleader submitted that the jurisdiction
issue was not raised in this Writ Petition and the same cannot be raised at the
time of argument and if this Court considers that the plea of jurisdiction is
acceptable, then the case may be remitted back to the appropriate authority.
There are several judgments wherein it states that the question of jurisdiction
can be raised at any point of time. Therefore, by accepting the plea of
jurisdiction, this Court is of the considered opinion that the impugned order is
liable to be set aside.
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W.P.(MD).No.9066 of 2016
9. It is seen from the records that the petitioner has attained
superannuation on 30.04.2016, but the petitioner was not allowed to retire. It is
submitted that the surcharge proceedings and the criminal proceedings are
initiated against the petitioner and the same was pending, but both the
petitioner and the respondents are not able to state whether the arbitration
proceedings were initiated. In such circumstances, the loss incurred can be
ascertained only after the disposal of the surcharge proceedings and thereafter
the loss can be recovered from the petitioner.
10. This Court has held that the respondent is not having jurisdiction
and hence the respondents cannot proceed with the disciplinary proceedings
and the impugned order is quashed. Since the petitioner has attained
superannuation, this Court is of the considered opinion that the disciplinary
proceedings cannot be proceeded further. In such circumstances, the petitioner
is entitle to the terminal benefits. However, the loss ought to be quantified in
the surcharge proceedings and then the pro rata liability ought to be fixed on
the petitioner. The pro rata loss shall be retained by the respondents and the
balance amount shall be paid to the petitioner. The said exercise shall be
completed within a period of six (6) weeks from the date of receipt of a copy of
this order.
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W.P.(MD).No.9066 of 2016
11. With the above direction, this Writ Petition is allowed. There
shall be no order as to costs. Consequently, connected miscellaneous petition is
closed.
13.04.2022
Index : Yes / No
Internet : Yes/ No
Nsr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The Registrar of Co-operative Societies,
N.V.Natarajan Maligai,
170, E.V.R. Periyar High Road,
Kilpauk,
Chennai – 600 010.
2.The Joint Registrar of Co-operative Societies,
The Joint Registrar's Office,
Marthandapuram 2nd Street,
Pudukkottai Town and District.
3.The Deputy Registrar of Co-operative Societies,
The Deputy Registrar's Office,
Kamatchiamman Kovil Street,
Aranthangi Town and Post,
Pudukkottai District.
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W.P.(MD).No.9066 of 2016
S.SRIMATHY, J.
Nsr
W.P.(MD).No.9066 of 2016
13.04.2022
https://www.mhc.tn.gov.in/judis
