Are disciplinary proceedings, a criminal case and surcharge proceedings arising from an inquiry report independent and distinct?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
Disciplinary proceedings, a criminal case and surcharge proceedings arising from an inquiry report are independent and distinct.
Yes. Disciplinary proceedings, a criminal case and surcharge proceedings arising from an inquiry report are independent and distinct. All three may be initiated simultaneously, the procedures contemplated for each being distinct and different, and Courts are not expected to stall any one of them on the pendency of another. (¶6, 7, 8)
Tamil Nadu Co-operative Societies Act, 1983 — ss.81, 87, 152 — Statutory inquiry — Surcharge proceedings — Alternative remedy — Maintainability of a writ petition — Tamil Nadu Co-operative Societies Act, 1983 — s.81 — Order directing an inquiry — No cause of action — Held: An order directing a statutory inquiry is an internal departmental action and provides no cause of action; a writ seeking a copy of it is premature and not maintainable. (¶12, 13) Tamil Nadu Co-operative Societies Act, 1983 — s.81 — Three-fold consequential actions — Independent and simultaneous — Held further: Disciplinary proceedings, a criminal case and surcharge proceedings founded on an inquiry report are distinct, and no one of them is stalled by the pendency of another. (¶7, 8) Tamil Nadu Co-operative Societies Act, 1983 — ss.87, 152 — Efficacious alternative remedy — Article 227 only thereafter — Held further: A writ petition does not lie against an order under s.87, the remedy being an appeal to the Special Tribunal. Writ order set aside and appeal allowed. (¶10, 17)
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