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Madras High Court· 02 September 2026

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?

CE.17 DHARAPURAM PUBLIC SERVANTS v. S.SUKUMAR
WA.2639/2023 · 2026:MHC:3666 · W.A.NO.2639 OF 2023
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
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Answer

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.

Headnote

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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In the Court's own words
Paragraph 13In the present case, the revision order passed by the Joint Registrar, Tiruppur Region is only an order of remand, remanding the matter back to the Management for issuance of show cause notice and to pass final orders. The allegation raised by the Board of Directors are that the elected President and Board passed a Resolution, reinstated the employee and reduced the punishment without considering the gravity of the proved allegations of misappropriation of funds. In those circumstances, the Registrar of Co-operative Societies, who is the Authority under the Act is empowered to invoke Section 181 of the Act and issue directions in the interest of the Management / Society. Therefore, the order relegating the Joint Registrar of Co-operative Societies, Erode Region, to conduct an enquiry and pass appropriate orders is only intended to ensure that a fair enquiry is conducted by affording adequate opportunity to the parties concerned. Thus, the order of the Registrar dated 04.12.2014 was issued in the interest of the Management of the Society and to ensure that the rules of natural justice have been complied with.
Acts & Sections
s.153 Tamil Nadu Co-operative Societies Act, 1983s.181 Tamil Nadu Co-operative Societies Act, 1983s.82 Tamil Nadu Co-operative Societies Act, 1983s.81 Tamil Nadu Co-operative Societies Act, 1983

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Also decided in this judgment
Is compliance with natural justice in a departmental enquiry tested by whether a fair opportunity was afforded, not by the number of show cause notices?Does mere delay in initiating departmental disciplinary proceedings by itself vitiate the charge memorandum?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections