Does an order directing an inquiry under Section 81 of the Tamil Nadu Co-operative Societies Act provide a cause of action for instituting legal proceedings?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
An order directing an inquiry under Section 81 does not provide a cause of action for instituting legal proceedings.
No. An order directing an inquiry under Section 81 does not provide a cause of action for instituting legal proceedings. It is an order passed by the competent authority to conduct an inquiry, which is an internal departmental action; a cause of action arises only if further action is initiated after the inquiry and the submission of the final report. (¶12, 13)
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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