1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.A.(MD)No.3 of 2011 M.Abbasmandiri ... Appellant Vs. 1.The Joint Registrar of Cooperative Society, Theni. 2.The Deputy Registrar/ Special Officer of Cooperative Societies, A-1254, Theni Agricultural Producers Cooperative Marketing Society, Theni. ... Respondents Prayer: The Appeal is filed under Clause 15 of the Letters Patent, against the order of this Court dated 21.09.2010 made in W.P.(MD)No.6536 of 2009. WP(MD)No.6536/2009: This Writ Petition has been preferred Under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to call for the records on the file of the respondents relating to the order of the second respondents relating to the order of the second respondent in Na.Ka.No.3928/2008 r.g(4) dated 27.06.2008 on the file of the 1st respondent and quash the same and further direct the respondents to disbuse the gratuity and other retirement benefits. For Appellant : Mr.M.V.Venkataseshan For Respondents : Mr.R.Janakiramulu, Spl.G.P. for R1 and R2 JUDGMENT (Judgment of the Court was delivered by N.PAUL VASANTHAKUMAR,J.) This Writ Appeal is directed against the order of the learned Single Judge made in W.P.(MD)No.6536 of 2009 dated 21.09.2010. 2.In the Writ petition, the appellant challenged the order dated 27.06.2008 allowing him to retire from service from 30.06.2008 subject to criminal proceedings. A further condition was imposed stating that based on the orders to be passed in the criminal proceedings, the terminal benefits would be decided. 3.The learned counsel for the appellant submits that the criminal proceedings initiated against the appellant and similarly https://hcservices.ecourts.gov.in/hcservices/ 2 placed persons for alleged purchase of Copra for higher rate was already ordered to be dropped by the Government through G.O.Ms.No.210 Agricultural Department, dated 09.10.2009 and liberty was granted to initiate departmental proceedings and also to initiate surcharge proceedings under Section 87(2) of the Tamil Nadu Cooperative Societies Act. 4.The learned counsel for the appellant submitted that the appellant having been permitted to retire by an order dated 27.06.2008 reserving the department's right to proceed with the criminal case and the criminal case having been dropped, the appellant should be paid the terminal benefits, as no departmental proceedings has been initiated after allowing the appellant to retire from service. 5.The learned counsel also relied on a Division Bench Judgement (one of us NPVJ as a party) reported 2010 Writ L.R. 929 (M.K.S.Blasubramanian Vs. The Kancheepuram Central Cooperative Bank Ltd., Rep.by its Special Officer, Kancheepuram). In the said judgment the Division Bench considered the similar issue and held that the Cooperative Society employee having been allowed to retire from service cannot be proceeded with the departmental action except to initiate proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act, 1983 to recover loss if any committed. 6.Here it is the case of the appellant that the criminal case having been dropped against the appellant and in the absence of any surcharge proceedings initiated under Section 87 of the Tamil Nadu Cooperative Societies Act, the respondents are bound to sanction the terminal benefits. The learned Single Judge by order dated 21.09.2010 dismissed the Writ petition without noticing the above said judgment of the Division Bench, which was rendered on 25.02.2010. 7.Hence, we set aside the order of the learned Single Judge and disposed of the Writ Appeal holding that the appellant is entitled to get the terminal benefits payable to him, if no surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act 1983 is pending or initiated. The respondents are directed to decide as to whether any surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act is required to be initiated against the petitioner and if there is no ground to initiate such proceedings, the respondents are directed to release the retirement benefits after deciding the said aspect, within a period of 3 months from the date of receipt of a copy of this order. If surcharge proceeding is initiated or to be initiated, the amount equal to the alleged loss can be retained and the remaining amount shall be sanctioned and paid subject to surcharge proceedings. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Joint Registrar of Cooperative Society, Theni. 2.The Deputy Registrar/ Special Officer of Cooperative Societies, A-1254, Theni Agricultural Producers Cooperative Marketing Society, Theni. +1cc to the Special Government Pleader, Sr.No.1895 nbj ssk/01.03.2011 /4c-3p/- W.A.(MD)No.3 of 2011 18.01.2011 https://hcservices.ecourts.gov.in/hcservices/