Is the Registrar empowered to invoke Section 181 of the Tamil Nadu Co-operative Societies Act, 1983 and issue directions in the interest of the society?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
The Registrar is empowered to invoke Section 181 of the Tamil Nadu Co-operative Societies Act, 1983 and issue directions in the interest of the society.
Yes. The Registrar is empowered to invoke Section 181 of the Tamil Nadu Co-operative Societies Act, 1983 and issue directions in the interest of the society. The earlier revision under Section 153 had ended only in a remand, and on a complaint by the Board of Directors that the President had reinstated the employee and reduced the punishment without fresh deliberation, the Registrar could direct a Regional Joint Registrar to initiate suo motu revision and decide on merits.
Tamil Nadu Co-operative Societies Act, 1983 — ss.82, 153, 181 — Departmental disciplinary proceedings — Suo motu revision — Natural justice — Delay in initiation — Tamil Nadu Co-operative Societies Act, 1983 — s.181 — s.153 — Registrar's power to direct an enquiry — Held: Where a revision under s.153 ends only in an order of remand, the Registrar is empowered to invoke s.181 and direct a Regional Joint Registrar to initiate suo motu revision, conduct an enquiry and pass orders on merits. (¶13) Principles of natural justice — Departmental enquiry — Fair opportunity, not the count of notices — Held further: The test is not whether two show cause notices were issued but whether a fair opportunity was afforded to the delinquent officer, who here participated at every stage and defended his case. (¶18, 19) Departmental disciplinary proceedings — Delay in initiation — Not a ground per se — Held further: Mere delay does not vitiate a charge memorandum; the nature of the allegations and the cause of delay must be weighed, and delay caused by the employee's own writ proceedings cannot be attributed to the employer. Writ appeal allowed. (¶15, 16)
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