S. SAMPATH Vs. THE JOINT REGISTRAR/MANAGING DIRECTOR AND ORS.
LAWS(MAD)-2015-2-36
HIGH COURT OF MADRAS
Decided on February 04,2015

S. Sampath Appellant
VERSUS
The Joint Registrar/Managing Director And Ors. Respondents

JUDGEMENT

K.K. Sasidharan, J. - (1.) THIS Writ Petition is directed against the order dated 8 August 2014, whereby and whereunder, the revisional authority upheld the order dated 30 September 2013 on the file of the 1st respondent, refusing to permit the petitioner to retire on account of the pendency of enquiry under Section 81 of the Cooperative Societies Act. Summary of facts : -
(2.) THE petitioner was initially appointed in the erstwhile South Arcot District Cooperative Bank as Clerk and thereafter, he was absorbed in the service of the Villupuram District Central Cooperative Bank Ltd. with effect from 2 May 1997. The petitioner was promoted as Assistant Manager. The petitioner functioned as Field Manager, Villupuram Circle, from 4 June 2012 to 30 September 2013. The petitioner was given the task of supervision of 46 Primary Agricultural Cooperative Credit Societies in Villupuram Circle. The petitioner, on the basis of his inspection, submitted a report with respect to the functioning of a society by name Kandamanady Primary Agricultural Cooperative Society. The first respondent, pursuant to the said report, constituted a committee, in which the petitioner was also a member, to scrutinize the accounts of the society and to ascertain the exact amount of misappropriation. The petitioner, along with the other members of the committee, submitted a report on 2 February 2013. The first respondent made a request before the Deputy Registrar of Cooperative Societies to order an enquiry under Section 81 of the Cooperative Societies Act. The Deputy Registrar initiated proceedings pursuant to the said request. The petitioner was summoned to appear before the enquiry officer. The petitioner appeared before the Enquiry Officer and submitted his statement.
(3.) WHILE so, the petitioner attained the age of superannuation on 30 September 2013. However, he was not permitted to retire on account of the pendency of proceedings under Section 81 of the Act. The order refusing to permit him to retire from service was challenged before the second respondent by invoking Section 153 of the Tamil Nadu Cooperative Societies Act. The second respondent, confirmed the said order. Feeling aggrieved, the petitioner has come up with this Writ Petition.;


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