S. Mohan v. Deputy Registrar of Co-operative Societies, Coimbatore and Others
2007-04-02
K.CHANDRU
body2007
DigiLaw.ai
Judgment : There is no representation from both the sides. 2. Thepetitioner was working as Assistant Secretary under the third respondent-Bank. Enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 was ordered by the first respondent. On the said enquiry, it was found that the petitioner had misappropriated a sum of Rs. 14,00,864/-. Based on the said Enquiry Report, the first respondent filed a complaint with the fourth respondent-Police and the same was registered as Crime No. 6 of 2006 and it is under investigation. It is at this stage, the present writ petition has been filed by the petitioner, seeking for a mandamus forbearing the respondents from initiating any proceedings in pursuance of second respondents report made under Section 81 of the Tamil Nadu Co-operative Societies Act including Criminal Prosecution under Section 164 of the Tamil Nadu Co-operative Societies Act. 3. In thepresent case, it is seen that no prosecution has been launched under the provisions of the Tamil Nadu Co-operative Societies Act. Only in case where a prosecution is launched, action under Section 164 of the said Act is required. However, by the Tamil Nadu Co-operative Societies (Second Amendment) Act, 2004 (T.N. Act 18 of 2004), Section 164-A has been inserted by which it is clearly declared that any action taken against any person under this Act shall not affect and shall be in addition to, any other proceedings by way of investigation or otherwise. Even otherwise the threshold of investigation can ( sic cannot) be throttled by filing a writ petition. In view of the same, the writ petition is dismissed. No costs. Consequently, the interim injunction granted on 17.10.2006 stands vacated and M.P. Nos. 1 and 2 of 2006 are closed.