B RAMESH Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The writ petitioner is one and the same in all the writ petitions. W. P. No.17734 of 2008 is filed challenging the order of the first respondent, the Registrar of Co-operative Societies dated 7.12.2007 under which the appeal petition filed by the petitioner dated 15.11.2007 under section 75 (5) (a) of the Tamil Nadu Co-operative Societies Act, 1983 praying the first respondent to set aside the proceedings initiated against the petitioner under section 81 of the Act and also to direct the Special Officer of V. C.96, Cheyyar Division Revenue and Rural Development Department Employees Co-operative Thrift and Credit Society to permit the petitioner to continue to execute his function as Secretary and draw his salary, came to be rejected on the basis that enquiry under section 81 of the Act is pending, that the petitioner can put forth his defence before the Enquiry Officer, and that the petitioner does not come under common cadre and hence, the appeal under section 75 (5) of the Act does not lie.

(2.) W. P. NO.18715 of 2008 is filed challenging the order of the Special Officer, viz. , third respondent therein dated 23.7.2008 which is a notice issued by the third respondent to the petitioner to call for his explanation, enclosing the report of the Enquiry Officer in respect of the disciplinary proceedings initiated against the petitioner, while W. P. No.21231 of 2008 again relates to the said show-cause notice dated 23.7.2008 for declaration that the said notice is null and void and to permit the petitioner to function as Secretary of the third respondent society.

(3.) The petitioner has joined V. C.96, Cheyyar Division Revenue and Rural Development Department Employees Co-operative Thrift and Credit Society, Tiruvannamalai, the second respondent in W. P. No.17734 of 2008 and third respondent in other writ petitions as its Secretary functioning with effect from 22.10.2001. It is the case of the petitioner that the third respondent has issued summons under section 81 of the Tamil Nadu Co-operative Societies Act,1983 (in short, "the Act") to conduct enquiry in respect of certain irregularities which took place in the conduct of the society. It is stated that as against such notice, the petitioner has approached this Court by filing W. P. No.26629 of 2007 in which there was a direction 5.10.2007 to file appeal under section 75 (5) of the Act and on filing such appeal, the first respondent has passed the impugned order dated 7.12.2007 and the same is assailed by the petitioner.