Madras High Court
WA/3051/2023 of R.PURATCHITHASAN Vs The Additional Registrar of Co-operative Societies on 25 August 2026
WA No. 3051 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 3051 of 2023
AND
CMP NO. 25286 OF 2023
R.Puratchithasan
S/o.Ramalingam, Throwpathi amman Koil Street, Maruthur post, 621 710, Ponparappi Via, Andimadam Taluk, Ariyalur district.
..Appellant(s)
Vs
1. The Additional Registrar of Co-operative Societies, (Sales, Scheme and Development, Kilpauk, Chennai -10)
2. The Chairman,
Common Cadre Authority, Joint Registrar of Cooperative Societies, Perambalur Region, Perambalur 621 212, Perambalur District.
3. The President,
TY.SPL.98, Marudhur Primary Agricultural Cooperative Credit Society, Marudhur post 621
710, Ponparappai Via, Andimadam Taluk,
Ariyalur District.
..Respondent(s)
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 17-08-2023 in WP.No.524 of 2020 except payment of Gratuity and Provident Fund which already granted relief in the writ petition.
WA No. 3051 of 2023
For Appellant(s):
Ms.P.Dhaarini
for Mr.C.Prakasam
For Respondent(s):
Mr.K.Rajesh, Government Advocate
- for RR 1 and 2
No appearance – for R3
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) The writ petitioner is the appellant. The appellant, serving as Secretary in Marudhur Primary Agricultural Cooperative Credit Society registered under the provisions of the Tamil Nadu Cooperative Societies Act. Departmental disciplinary proceedings was initiated and charges are framed against the appellant for misappropriation of the funds of the Society to the tune of about Rs.22,02,826/-. The procedures as contemplated for conduct of disciplinary proceedings were followed. Departmental enquiry was conducted and enquiry officer submitted his final report holding that the charges are held proved. Accepting the findings of the enquiry officer, the disciplinary authority imposed the punishment of termination.
3. The appellant preferred a revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act. The revisional authority also independently considered the grounds and rejected the revision petition, confirming the order of termination.
WA No. 3051 of 2023
4. A perusal of the order of termination as well as the revision order passed by the authority under Section 153 of the Act would show that the principles of natural justice have been followed and punishment of termination was imposed based on some evidence. The appellant was afforded with an opportunity to defend his case. Regarding proportionality of the punishment, it is a case of misappropriation of funds of the Society. A huge extent of misappropriation was committed in several loan transactions. Thus, this Court does not find any disproportionality so as to interfere with the order of penalty. The Writ Court has elaborately considered the facts involved, the gravity of the charges proven against the appellant and confirmed the termination order passed by the disciplinary authority as well as the revisional order passed under Section 153 of the Act.
5. The appellant has not established any acceptable grounds to revisit the decision taken by the disciplinary authority, the revisional authority and the Writ Court. Learned counsel for the appellant would contend that the eligible benefits due to the appellant is to be disbursed. In respect of the contributions made by the employee, such eligible dues, if any, as per the Rules are directed to be settled to the appellant by the respondent Society.
WA No. 3051 of 2023
6. With the above directions to settle the eligible dues, if any, to the appellant, the order of punishment of termination from service as well as the writ order impugned stands confirmed. Consequently, the writ appeal stands dismissed. No costs. Connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 25-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
WA No. 3051 of 2023
To
1. The Additional Registrar of Co-operative Societies, (Sales, Scheme and Development, Kilpauk, Chennai -10).
2. The Chairman, Common Cadre Authority, Joint Registrar of Cooperative Societies, Perambalur Region, Perambalur 621 212, Perambalur District.
3. The President, TY.SPL.98, Marudhur Primary Agricultural Cooperative Credit Society, Marudhur post 621 710, Ponparappai Via, Andimadam Taluk, Ariyalur District.
WA No. 3051 of 2023
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 3051 of 2023 AND CMP NO. 25286 OF 2023 25-08-2026