1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).Nos.7976 and 7977 of 2011 and M.P.(MD)Nos.1 & 2 and 1 to 3 of 2011 Samuel Raj Deva Pitchai : Petitioner in both W.Ps. Vs. 1.The Deputy Registrar of Co-operative Societies, Thiruchendur, Thoothukudi District. 2.The Joint Registrar of Co-operative Societies, Thiruchendur, Thoothukudi District. 3.The Sub Registrar/Sales Officer, Thiruchendur, Thoothukudi District. 4.The Thandupathu Co-operative Urban Bank Ltd., No.E.E.378, Through its Special Officer, Thandupathu, Thoothukudi District. : Respondents in both W.Ps. PRAYER in W.P.(MD)No.7976 of 2011: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in his surcharge proceeding Tha.Tho.No.1/2002-2003, Na.Ka.1877/2002 Sa.Pa., dated 11.07.2002 and quash the same. PRAYER in W.P.(MD)No.7977 of 2011: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in his surcharge proceeding Tha.Tho.No.2/2001-2002, Na.Ka.1527/2002 Sa.Pa., dated 28.03.2002 and the consequential auction notice published in Dinamalar issued by the third respondent in CEP.No.48-2000-01, dated 15.06.2011 and quash the same. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner : Mr.J.Anandhavalli For M/s.J.Nisha Banu For Respondents : Mr.S.Chandrasekar Government Advocate COMMON ORDER As the issues involved in both the Writ Petitions are common, they are disposed of by a common order. 2. The Deputy Registrar of Co-operative Societies, Thiruchendur, Thoothukudi District, the first respondent herein has passed an order under surcharge proceedings under Section 87 of the Tamil Nadu Co- operative Societies Act, 1983 [hereinafter referred to as "the Act"] initiated against the writ petitioner and others, for misappropriation, not accounting the society funds, making false entries, to the tune of Rs.15,57,930.85. Responsibility has been fixed on the petitioner, for acts of misappropriation, and other charges, and the amount has also been quantified. Surcharge proceedings have been taken against others also. In the departmental proceedings, he has been dismissed from service. Consequent to the surcharge proceedings, properties are now brought under public auction, by notification. Challenging the order made under surcharge and the notification, the petitioner has approached this Court, by filing the present Writ Petitions, alleging that there are procedural infirmities in the order of surcharge and further, contended inter alia, that the petitioner was not served with any notice in the surcharge proceedings, that he was not furnished with a copy of the enquiry report and that he was totally kept in dark. Reliance has also been placed on a decision of this Court in Sambandam v. The Deputy Registrar (Credit) Co-op. Societies, Mylapore, Madras reported in 1999(3) MLJ 310 to the effect that, non-furnishing a copy of the report vitiates the surcharge proceedings. 3. It is the further case of the petitioner that a criminal prosecution was initiated against the petitioner and that he has been honourably acquitted by the learned Additional Sessions Judge, Fast Track Court, Tuticorin in C.A.Nos.89, 90 and 91 of 2005, dated 30.05.2008, holding that the Secretary alone was found guilty and responsible for the loss caused to the society. It is the further case of the petitioner that only during the course of trial, the petitioner came to know that he was dismissed from service. The petitioner has further contended that though he had sought for the copies of the enquiry report in the surcharge proceedings and in the disciplinary proceedings initiated against him, there was no response. According to him, no enquiry was conducted under Section 87 of the Tamil Nadu Co-operative Societies Act and only after getting the copies of the order passed in the surcharge proceedings from one Mr.Antony Michael Raj, he came to know that the orders in surcharge proceedings were passed on 28.03.2002 and 11.07.2002 and hence, he has come forward with the present Writ Petitions. https://hcservices.ecourts.gov.in/hcservices/ 3 4. Heard the learned counsel for the petitioner and perused the materials available on record. 5. Before adverting to the contentions raised, with reference to the material on record, it is necessary to extract few paragraphs from the supporting affidavit, where the petitioner has pleaded ignorance of the whole proceedings, despite the fact that he was dismissed from service, which according to him, came to know only during the pendency of the trial. 6. At paragraph No.7 of the affidavit, the petitioner has contended that only during the course of trial, he came to know that he was dismissed from service. 7. Even after coming to know that he was dismissed from service, the petitioner had not cared to approach the bank for several years to know what orders have been passed on the disciplinary proceedings. Though the learned Additional Sessions Judge, Fast Track Court, Thoothukudi, vide its judgment dated 30.05.2008, has acquitted the petitioner of the charges, even as per the averments in the supporting affidavit, after three years, he had approached the bank i.e., on 10.05.2011. 8. At paragraph No.9 of the affidavit, the petitioner has contended that he was very much shocked, because he was not aware of the surcharge proceedings and no notice was served on him. 9. Again, at paragraph No.13, the petitioner has contended that he was totally kept in dark and no notice as to the surcharge proceedings or disciplinary proceedings or execution proceedings was served on him or furnished to him, on his request to enable him to proceed further. 10. At paragraph No.16, the petitioner has contended that the principles of natural justice have been totally violated, as no notice was served in the surcharge proceedings. 11. Thus, the main contention of the petitioner is that since the impugned order is violative of the principles of natural justice, fair play, equity and good conscience, the whole surcharge proceedings have to be set aside. On the above submissions, this Court deems it fit to examine the contents of the order passed in the surcharge proceedings in Tha.Tho.No.2/2001-2002, Na.Ka.1527/2002 Sa.Pa., dated 28.03.2002, passed under Section 87 of the Act, by the Deputy Registrar of Co-operative Societies, Thiruchendur, Thoothukudi District, enclosed at page No.1 of the typed-set of papers, in detail. Pursuant to a report of the Sub-Registrar (Audit), dated 10.05.2001, made under Section 81 of the Act, surcharge proceedings have been initiated against the petitioner and others for the financial irregularities committed to the tune of Rs.15,57,930.85. On receipt of the report under Section 81 of the Act, a show cause notice dated 19.07.2001 has been issued to the petitioner and to Mr.R.Fursila Nobleraj Aesuvadiyan, former Secretary, Mr.Duraisankar, https://hcservices.ecourts.gov.in/hcservices/ 4 Writer, Mr.Saravanan, Attender, Mr.Vettum Perumal, Co-operative Sub- Registrar, Former Special Officer, Mr.L.Velladurai, Former President and others responsible for indulging in misappropriation, for not accounting the deposits, in the bank registers and for such other financial irregularities. 12. Though notices have been served, except the petitioner, Mr.Vettum Perumal, Mr.Durairaj and Tmt.S.Sohusa, others have submitted their explanation. The persons, who were responsible for causing huge financial loss to the society, were given one more opportunity to appear for a personal enquiry on different dates. The details of the loss caused to the Thandupathu Co-operative Urban Bank Limited, the fourth respondent herein, the dates on which explanations were submitted by the individuals are extracted hereunder: "4 . epjpapHg;g[ tpguk; " -------------------------------------------------------------- t.vz;. tpguk; bjhif (&) bghWg;ghdth;fs; ------------------------------------------------------------------------------------------------------ 1. J]j;Jf;Fo khtl;l kj;jpa jpUthsh;fs; Tl;Lwt[ tA;fpapd; jpUr;bre;J]h; 1.uh.gh;rpyhBehg[s;uh$; fpisapy; jz;Lgj;J bjhlf;f 1,35,000 VRtoahd;, Kd;dhs; Btshz;ik Tl;Lwt[ tA;fp brayhsh; itj;Js;s Brkpg;g[ fzf;F vz; 2.br.rhKBty;uh$; Bjt 934 ypUe;J gy;BtW Bjjpfspy; gpr;ir, Kd;dhs; fhBrhiy %yk; bgwg;gl;l bjhif vGj;jh; fhrhsh; KGtija[k; tA;fp fzf;fpw;F bfhz;L (bghWg;g[) tuhjjd; %yk; ifahly; 3.b$.JiurA;fh; vGj;jh;. 2. bgwg;gl;l epue;ju itg;g[ bjhifia 1.uh.gh;rpyhBehg[s;uh$; tA;fp fzf;fpw;F bfhz;Ltuhky; 32,648 VRtoahd;, Kd;dhs; nUe;jjd; %yk; ifahly; brayhsh; 2.br.rhKBty;uh$;Bjt gpr;ir, Kd;dhs; vGj;jh; fhrhsh; (bghWg;g[) 3.b$.JiurA;fh; vGj;jh; 4.rutzd;, ml;blz;lh; 3. bgwg;gl;l itg;g[j;bjhifia tpl 1.uh.gh;rpyhBehg[s;uh$; Fiwthd bjhifia tA;fp fzf;fpy; VRtoahd;, Kd;dhs; tut[ itj;jjd; %yk; ifahly; 5,94,000 brayhsh; 2.br.rhKBty;uh$;Bjt gpr;ir, Kd;dhs; vGj;jh; fhrhsh; https://hcservices.ecourts.gov.in/hcservices/ 5 (bghWg;g[) 3.gh.rutzd;, ml;blz;lh; 4. lhd;bgl; jpUbey;Btyp epWtdj; 1.uh.gh;rpyhBehg[s;uh$; jplkpUe;J bfhs;Kjy;bra;ag;gl;l 91,663.10 VRtoahd;, Kd;dhs; cuj;jpid tA;fp fzf;fpw;F bfhz;L brayhsh; tuhik %yk; ifahly; 2.K.btl;Lk;bgUkhs; Tl;Lwt[ rhh;gjpthsh; Kd;dhs; jdp mYtyh; 4.m.lhd;bgl; J]j;Jf;Fo epWtdj; 1.uh.gh;rpyhBehg[s;uh$; -jplkpUe;J bfhs;Kjy; bra;j VRtoahd;, Kd;dhs; cuj;jpid tA;fp fzf;fpw;F 2,18,623 brayhsh; bfhz;Ltuhik Kyk; ifahly; 2.ny.bts;sj;Jiu Kd;dhs; jiyth; 5. itg;g[f;fspd; kPJ fld;tHA;fpajhf 1.uh.gh;rpyhBehg[s;uh$; Bghypgjpt[ bra;jjd; %yk; ifahly; 1,80,000 VRtoahd;, Kd;dhs; brayhsh; 2.br.rhKBty;uh$;Bjt gpr;ir, Kd;dhs; vGj;jh; fhrhsh; (bghWg;g[) 3.gh.rutzd;, ml;blz;lh; 6. jpdrhp Brkpg;g[ fzf;fpy; epYitj; 1.uh.gh;rpyhBehg[s;uh$; bjhifiatpl mjpfj;bjhifthg!; 1,895 VRtoahd;, (Kd;dhs; bra;jjd; Kyk; ifahly; brayhsh;) 2.ny.bts;sj;Jiu Kd;dhs; jiyth; 3.b$.JiurA;fh; vGj;jh; 4.gh.rutzd;, (ml;blz;lh); 7. eph;zapj;j tpiyiatpl Fiwthd 1.uh.gh;rpyhBehg[s;uh$; tpiyf;F cuj;jpid tpw;gid bra;jjd; VRtoahd;, Kd;dhs; %yk; ifahly; 1580.75 brayhsh; 8. Kiwaw;w gzpepakdk; bra;ag;gl;l 1.2.ny.bts;sj;Jiu jpdf;Typ gzpahsUf;F fhyKiw Kd;dhs; jiyth; rk;gsk; eph;zak; bra;j tifapy; 30521.00 ifahly; https://hcservices.ecourts.gov.in/hcservices/ 6 9. Brkpg;g] fzf;Ffspy; jpUj;jk; 1.uh.gh;rpyhBehg[s;uh$; Bkw;bfhz;L ifahly; bra;jjd; 2,72,000 VRtoahd;, Kd;dhs; %yk; ifahly; brayh; 2.br.rhKBty;uh$;Bjt gpr;ir, Kd;dhs; vGj;jh; fhrhsh; (bghWg;g[) 3.gh.rutzd;, - ----------------- ml;blz;lh; bkhj;jk; 15,57,930.85 4.b$.JiurA;fh; (vGj;jh); ------------------ 5. Bkw;go ml;ltiz fyk; 4y; Fwpg;gplg;gl;lth;fspd; Jizg;gjpthshpd; mwptpg;gpidg; bgw;Wf;bfhz;L mjw;fhd xg;g[jypida[k; rkh;g;gpj;Js;shh;. fPH;fz;l tpgug;go rk;ge;jg;gl;lth;fs; gjpYiu mspj;Js;sdh;. ------------------------------------------------------------------------------------------ t.vz;. bgah; gjpYiu rkh;g;gpj;j ehs; ------------------------------------------------------------------------------------------- 1.uh.gh;rpyhBehg[s;uh$; Vrtoahd; 1.2.2002 2.br.rhKBty;uh$; Bjt gpr;ir ---- 3.b$.JiurA;fh; 25.1.2002 4.gh.rutzd; 28.1.2002 5.K.btl;Lk;bgUkhs; --- 6.ny.bts;sj;Jiu 28.1.2002 7.b$.uFuhkd; 25.9.2001 8.t.mutpe;jd; 19.9.2001 9.M.Rje;jpurPyd; 7.11.2001 10.M.Jiuuh$; ---- 11.jpUkjp.br.brhFrh ---- 12.J.uhkb$ak; 24.9.2001 --------------------------------------------------------------------------------------- Bkw;brhd;dth;fspd; jpU.br.rhKBty;uh$; Bjtgpr;ir, K.btl;Lk;bgUkhs;, jpU.M.Jiuuh$;, jpUkjp.br.brhFrh MfpBahh; mwptpg;ig bgw;Wk; gjpYiu jhf;fy; bra;atpy;iy. 6. nth;fs; jA;fs; jug;gpid bjhptpf;f BkYk; xU re;jh;g;gk; tHA;Fk; bghUl;L gy;BtW Bjjpfspy; Beuo tprhuiz elj;jp fPH;fz;l Bjjpfspy; thf;F%yA;fs; gjpt[ bra;ag;gl;ld. https://hcservices.ecourts.gov.in/hcservices/ 7 --------------------------------------------------------------------------------------------------------- t.vz;. Beuo tprhuizf;F M$uhBdhh; bgah; M$uhfp thf;FKyk; mspj;j Bjjp --------------------------------------------------------------------------------------------------------- 1. b$.JiurA;fh; 6.2.2002 2. ny.bts;sj;Jiu 6.2.2002 3. t.mutpe;jd; 6.2.2002 4. M.Rje;jpurPyd; 6.2.2002 5. M.Jiuuh$; 6.2.2002 6 .jpUkjp. br.brhFrh 6.2.2002 7. b$.uFuhkd; 18.2.2002 8. gh.rutzd; 18.2.2002 9. J.uhkb$ak; 4.3.2002 10. br.rhKBty;uh$;Bjtgpr;ir 18.3.2002 11 .uh.gh;rpyh Behg[s;uh$; VRtoahd; 18.3.2002 13. Perusal of the details makes it abundantly clear that the petitioner, who has received the notice and given a statement on 18.03.2002, before the Deputy Registrar of Co-operative Societies of Thiruchendur, the first respondent herein, has pleaded ignorance of the whole proceedings, as if he was totally unaware and kept in dark. Though the petitioner had appeared on 18.03.2002 and made a statement that he would submit a detailed explanation, he has not done so. Record of proceedings of the Deputy Registrar of Co-operative Societies, Thiruchendur, Thoothukudi District, is extracted hereunder: "Bkw;go epjpapHg;g[ bjhlh;ghf nt;tA;fpapd; Kd;dhs; brayhsh; jpU.uh.gh;rpyh Behg[s;uh$; VRtoahd; jdJ 1.2.2002k; Bjjpa tpsf;f fojj;jpy; jkf;F ve;j flika[k; bghWg;g[k; eph;zapf;fg;gltpy;iy vd;W bjhptpj;Js;shh;. jpU.br.rhKBty;uh$; Bjtgpr;ir jdJ 18.3.2002k; Bjjpa thf;F % yj;jpy; vGj;J g{h;tkhd tpsf;fj;jpid rkh;g;gpj;Js;sjhf bjhptpj;Js;shh;. Mdhy; nth; mt;thW vJt[k; jhf;fy; bra;atpy;iy. nt;thwhd epiyapy; tA;fpapd; MtzA;fis ghprPyid bra;jjpy; Bkw;go Brkpg;g[ fzf;fpy; Tl;lhf tut[- bryt[ bra;a[k; mjpfhuk; tA;fp eph;thff;FG jPh;khd vz; 1 ehs; 7.11.96d; -go tA;fpapd; brayhsuhfg; gzpahw;wpa jpU.uh.gh;rpyh Behg[s;uh$; VRtoahd; BkYk; tA;fpapd; vGj;jh;, fhrhsh; bghWg;ghf gzpahw;wpa jpU.br.rhKBty;uh$; Bjtgpr;ir MfpBahUf;F tHA;fg;gl;Ls;sJ. BkYk; eph;thff;FG jPh;khd vz; 3 ehs; 7.11.96d;go Bkw;go nUtUf;Fk; Tl;L bghWg;g[ eph;zak; bra;ag;gl;Ls;sJ. BkBy ml;ltizapy; fyk; 2y; Fwpg;gplg;gl;l fhBrhiyapy; jpU.uh.gh;rpyh Behg[s;uh$; Vrtoahd; kw;Wk; jpU.br.rhKBty;uh$; Bjtgpr;ir MfpBahh; fhBrhiyapy; Fwpg;gplg;gl;l bjhifiatpl Fiwthd bjhifia rk;ge;jg;gl;l fhBrhiyfspd; mof;fl;ilapy; vGjp ifbahg;gkpl;Lk;, kj;jpa Tl;Lwt tA;fpapd; Brkpg;g[ fzf;fpy; nUe;J gzk; bgw;wjw;F Mjhukhf jpU.gh;rpyh Behg[s;uh$; Vrtoahd; fhBrhiyapd; gpd;gf;fj;jpy; xg;g[jy; bra;Jk; cs;shh;. https://hcservices.ecourts.gov.in/hcservices/ 8 ne;epiyapy; Bkw;fz;l nU egh;fSk; tA;fpapd; tut[- bryt [ bjhlh;ghf jdpj;jdpahf guhkhpf;f te;j rpl;lhtpy; kj;jpa Tl;Lwt [ tA;f;apd; Brkpg;g[ fzf;fpy; nUe;J bgwg;gl;l bjhifiatpl Fiwthd bjhifia tut[ itj;J fzf;F vGjpaJ tA;fpf;F epjpapHg;gpid Vw;gLj;j Btz;Lk; vd;w cs;Behf;fj;Jld; bray;gl;lij ed;F gyg;gLj;JfpwJ. BkYk; gh;rpyh Behg[s;uh$; VRtoahd; jdJ tpsf;fj;jpy; bjhptpj;J nUg;gJ Bghy; xU tA;fpapd; Kjd;ik eph;thfpahf gzpahw;wpa jkf;F ve;jtpjkhd flika[k;, bghWg;g[k; eph;zak; bra;ag;gltpy;iy vd;gJ Vw;fToajhf ny;iy. nJ bjhlh;ghf Bkw;go gjpt[fis tA;fpapd; JiztHp ehs;tHp, ehs;tHp, kw;Wk; bghJg;BgBuL Bghd;wtw;wpy; gjpt[ bra;J jkf;F xJf;fhj gzpapid Bkw;bfhz;l jpU. b$.JiurA;fh; jdJ 25.1.2002k; Bjjpa tpsf;f fojj;jpy; Bkw;fz;l fhBrhiyfspd; mof;fl;il gjpt[fis mog;gilahf bfhz;L tA;fp gjpBtLfspy; gjpt[fis Bkw;bfhz;ljhft[k; fhBrhiyapy; Fwpg;gplg;gl;l bjhif Fwpj;J jkf;F vJt[k; bjhpahj epiyapYk; jpdf;Typ gzpahsuhd jkf;F vd;W bghWg;g[f;fSk; flikfSk; eph;zak; bra;ag;glhj epiyapYk; tA;fp brayhpd; cj;jputpd;fPH; Bkw;go gjpt[fis Vw;gLj;jpajhf bjhptpj;J cs;shh;. vdBt nth; Bkw;go epjpapHg;gpw;F bghWg;ghtjw;F rhpahd Mjhuk; epUgpf;f nayhj epiyapy; nthplkpUe;J ne;j epjpapHg;gpid tR{ypf;f typa[Wj;j Bghjpa re;jh;g;gkpy;iy. vdBt, Bkw;fz;lthW kj;jpa Tl;Lwt[ tA;fpapd; Brkpg;g[ fzf;fpy; nUe;J bgwg;gl;l cz;ikahd bjhif U.6,75,000 I tA;fpapd; fzf;fpy; Btz;Lbkd;Bw tut[ itf;fhky; fhBrhiyapd; mof;fl;ilia Fwpg;gplg;gl;l Fiwthd bjhif U.5,40,000 I tut[itj;jjd; Kyk; tA;fpf;F U.1,35,000 I ifahly; bra;jjd;Kyk; nt;tA;fpapd; Kd;dhs; brayhsh; jpU.uh.gh;rpyh Behg[s;uh$; VRtoahd; kw;wk; vGj;jh; fhrhsh; bghWg;g[ tfpj;j jpU.br.rhKBty;uh$; Bjtgpr;ir MfpBahh; jdpj;jdpahft[k; Tl;lhft[k; ne;j bjhifia tA;fpf;F brYj;jp bghWg;ghfpwhh;fs;."" 14. After recording specific findings, on each of the charges levelled against the petitioner and others, the first respondent has drawn up a report on 28.03.2002 and sent a copy of the same to the Regional Joint Director, Tuticorin District. Copy of the report under Section 87 of the Act has also been sent to the petitioner and 11 others, who were responsible for indulging in misappropriation and financial irregularities, causing loss to the tune of Rs.15,57,930.85. After the drawal of the report under Section 87 of the Act, a show cause notice dated 03.05.2002 has been issued to the petitioner and others, calling upon them to submit their further explanation. On receipt of the report and notice, the petitioner and Fursila Nobleraj Aesuvadiyan, former Secretary have submitted their further explanation on 28.05.2002 and 06.06.2002 respectively. The petitioner and other persons stated supra have been given further opportunity to appear on 28.06.2002, for personal enquiry. Though they had received the notice on 20.06.2002, they had failed to appear. Again, in order to give a further chance, the personal https://hcservices.ecourts.gov.in/hcservices/ 9 enquiry has been fixed on 01.07.2002. As the aforesaid persons did not appear on 01.07.2002, again the personal enquiry has been adjourned to 04.07.2002. There was no appearance on 04.07.2002 and as a last chance, it has been adjourned to 11.07.2002. On all these dates, the petitioner has failed to appear for personal enquiry. Therefore, the Deputy Registrar of Co-operative Societies has passed orders, on the basis of the records and found them guilty, for the financial irregularities. The contention that the petitioner was not given any notice in the surcharge proceedings and was totally kept in dark till the date of passing of the orders under Section 87 of the Act, is nothing but an utter false statement made before this Court, to evoke sympathy, as if the petitioner was innocent and that the respondents have unnecessarily taken action against him, without any basis. Certainly, the petitioner would have been summoned under the proceedings under Section 81 of the Act. Thus, it is evident from the contents of the impugned orders dated 28.03.2002 and 11.07.2002 that the contentions of the petitioner are contrary to truth. In this case, this Court also deems it fit to extract few more paragraphs from the order dated 11.07.2002, which shows the falsity in the sworn statement made before this Court that he was not given the copy of the report. Paragraph Nos.2 to 7 are extracted hereunder: "2. tprhuiz mwpf;ifapd; nn 378 jz;Lgj;J bjhlf;f Btshz;ik Tl;Lwt[ tA;fpapd; Kd;dhs; brayh; kw;Wk; KJepiy vGj;jh;/fhrhsh; (bghWg;g[) MfpBahh; jA;fSf;F eph;zak; bra;ag;gl;oUe;j flikfspypUe;Jk;, bghWg;g[fspypUe;Jk; jtwp mtw;iw Btz;Lbkd;Bw cjhrPdg;gLj;jp tA;fpapd; ifapUg;g[ buhf;fk; U.508190 (Ugha; Ie;J yl;rj;J vl;lhapuj;J E]w;W bjhz;Z]W) ifahly; bra;Js;sjhft[k;, njw;Fg; bghWg;ghdth;fsplkpUe;J jkpH;ehL Tl;Lwt [ rl;lg;gphpt[ 87d; fPH; eltof;if Bkw;bfhz;L tR{y; bra;J rA;fj;jpw;F NL bra;jpl tprhuiz mwpf;if rkh;g;gpj;Js;shh;. 3. tA;fpf;F Vw;gl;l epjpapHg;g[j; bjhifia bghWg;ghdth;fsplkpUe;J rl;lg;gphpt[ 87d; fPH; fz;l eltof;if Kyk; tR{ypj;J tA;fpf;F NL bra;a Btz;LtJ mtrpak; vd kdepiwtile;J epjpapHg;g[f;F jA;fs; jug;ig bjhptpf;Fk; Kfkhf 3.5.2002y; Bkw;go fPH;fz;l tpgug;go bghWg;ghdth;fSf;F fhuzA;BfhUk; mwptpg;g[ gpwg;gpf;fg;gl;lJ. 4. epjpapHg;g[ tpguk; ---------------------------------------------------------------------------------- t.vz;. tpguk; bjhif bghWg;ghdth;fs; 1 2 3 4 ------------------------------------------------------------------------------------ 1.19.7.2002k; md;W blghrpl;jhuUf;F 1.jpU.uh.gh;rpyh gzk; thg!;bra;a Btz;Lk; vd U.500000 Behg[s;uh$; Vrtoahd; gjpBtl;oy; gjpt[fs; bra;J ifapUg;g[ (Kd;dhs; brayhsh;) buhf;fj;jpidg; bgw;Wf;bfhz;L Fiwt[ 2.jpU.br.rhKBty;uh$; Vw;gLj;jpa tifapy; Bjtgpr;ir https://hcservices.ecourts.gov.in/hcservices/ 10 Kd;dhs; KJepiy vGj;jh; fhrhsh; (bghWg;g[) 2.20.7.2002y; ifapUg;g[buhf;fj;jpid 1.jpU.br.rhKBty;uh$; rhpghh;f;Fk;BghJ buhf;f g[j;jfnUg;gpid Bjtgpr;ir tpl Fiwthf fz;lwpe;j bjhif &. 8190 KJepiy vGj;jh; (fhrhsh; bghWg;g[) ---------------- Mf bkhj;jk; &.508190 ----------------- 5. Bkw;go ml;ltiz fyk; 4y; Fwpg;gplg;gl;lth;fs; Jizg;gjpthshpd; mwptpg;gpidg;bgw;Wf;bfhz;Ls;sdh;. nth;fspy; jpU.uh.gh;rpyh Behg[s;uh$; VRtoahd; Kd;dhs; brayh; 28.5.2002Yk; jpU.br.rhKBty;uh$; Bjtgpr;ir Kd;dhs; vGj;jh;/fhrhsh; 6.6.2002Yk; gjpYiu mspj;Js;sdh;. 6. nth;fs; jA;fs; jug;gpid bjhptpf;f BkYk; xU re;jh;g;gk; tHA;Fk; bghUl;L 28.6.2002y; Beuo tprhuiz elj;j Mizaplg;gl;lJ. nth;fs; nUtUk; 20.6.2002y; miHg;ghizapidg; bgw;Wf;bfhz;Lk; 28.6.2002 md;W tprhuizf;F M$uhftpy;iy. vdBt BkYk; xU re;jh;g;gk; tHA;Fk; bghUl;L 1.7.2002y; Beuo tprhuiz elj;j Mizaplg;gl;lJ. Bkw;go jpdj;jpYk; nUtUk; M$uhfhjjpdhy; kPz;Lk; 4.7.2002f;F Beuo tprhuiz xj;jpitf;fgl;lJ. Bkw;go jpdj;jpYk; nUtUk; Beuo tprhuizapy; fye;J bfhs;shjjpdhy; nWjp re;jh;g;gkhf 11.7.2002y; Beuo tprhuiz elj;jg;gl;lJ. md;Wk; nth;fs; M$uhftpy;iy. 7. gy re;jh;g;gA;fs; mspj;Jk; Beuo tprhuizapy; fye;J bfhs;shjjpdhy; thf;FKyk; bgwg;gltpy;iy. tA;fpapd; bjhlh;g[ila MtzA;fs; kw;Wk; rk;ge;jg;gl;lth;fs; vGj;JKyk; mspj;j tpsf;fk; Mfpad MH;e;J ghprPypf;fg;gl;L fPH;fz;lthW cj;jput [ gpwg;gpf;fg;gLfpwJ. ndk; 1: tA;fpapd; gzk; btspapy; bfhz;L bry;tjw;fhd gjpBtl;oy; 19.7.2000k; md;W tA;fpapy; Kd;dhs; brayh; jpU.uh.gh;rpyh Behg[s;uh$; VRtoahd; U.500000 I blghrpl;jhuUf;F jpUg;gpf; bfhLf;f vd gjpt [ bra;J ifbahg;gkpl;L gzj;jpid vLj;Jr; brd;Ws;shh;. Mdhy; ve;j itg;g[jhuUf;F gzk; jpUg;gpf;bfhLf;f Btz;Lk;. itg;g[ vz; vd;d? itg;g[jhuUf;F buhf;fkhf Behpy; bfhz;L tHA;f Btz;oajd; mtrpak;? mt;thW buhf;fkhf jpUk;gp tHA;Ftjw;F eph;thfj;jpd; Kd; mDkjp bgwg;gl;l tpguk; Mfpad vJt[k; gjpBtl;oy; gjpt[ bra;ag;glhky; vt;tpj MjhuKk; nd;wp bgha;ahd fhuzk; fhl;o tA;fpg;gzk; U.500000I cs;Behf;fj;BjhL vLj;Jr; brd;Ws;shh;. 19.7.2000y; fhrhsh; bghWg;gpy; nUe;j jpU.br.rhKBty;uh$; Bjtgpr;ira[k; Kiwahd fhuzkpd;wp ifahly; bra;a Btz;Lk; vd;w cs;Behf;fj;Jld; brayh; gjpBtl;oy; https://hcservices.ecourts.gov.in/hcservices/ 11 Bkw;bfhz;l bgha;ahd fhuzj;ij Vw;W tA;fp brayhshplk; Bkw;go bjhifia tHA;fpa[s;shh;. nt;thW tA;fpapy; nUe;J btspapy; brhz;L brd;w gzj;ij 19.7.2000k; Bjjpapy; itg;g[jhuh; btspa{h; brd;wjhy; jpUk;g gzk; bfhz;Ltug;gl;lJ vd gjpBtl;oy; Bghypahf gjpt[ bra;J ifahliy kiwf;f nUtUk; Kaw;rp bra;Js;sdh;. tprhuizapd; BghJ tprhuiz mYtyuhy; Bkw;bfhs;sg;gl;l g[ydha;tpd; BghJ gpw MtzA;fisg; ghprPyid bra;jjd; KyKk; 19.7.2000k; Bjjpapy; tA;fpapy; Kd;dhs; brayhsh; bgw;w gzk; tA;fpapy; jpUk;g nUrhy; bra;ag;glhky; ifahly; bra;ag;gl;Ls;sJ epUgpf;fg;gl;Ls;sJ. vdBt tA;fpapd; Kd;dhs; brayh; jpU.uh.gh;rpyh Behg[s;uh$; VRtoahd; kw;Wk; fhrhsh; bghWg;gpy; nUe;j jpU.br.rhKBty;uh$; Bjtgpr;ir Mfpa nUtUk; epjpapHg;g[ U. 5.00 yl;rj;jpw;Fk; jdpj;jdpahft[k; Tl;lhft[k; bghWg;ghfpwhh;fs;. ndk; 2: 20.7.2000 md;W tA;fpapd; Kd;dhs; jiyth; buhf;f ifapUg;ig rhpghh;j;j BghJ md;iwa jpdk; ehBsl;od;go nUf;f Btz;oa buhf;fifapUg;g[ U.667292.95 MFk;. Mdhy; rhpghh;f;fg;gl;l buhf;fk; U. 159102.95 kl;Lk; MFk;. Fiwt[ U. 508190 md;iwa Bjjpapy; fhrhsh; bghWg;gpy; nUe;j jpU.br.rhKBty;uh$; Bjtgpr;ir 20.7.2000y; U.159102.95 kl;LBk ifapUg;g[ buhf;fk; xg;gilf;fg;gl;lJ vdg; bghWg;g[ xg;gilg;g[ gjpBtl;oy; ifbahg;gkpl;L bghWg;gpid xg;gilj;Js;shh;. Mjyhy; ndk; 1y; TwpathW 19.7.2000y; U.5.00 yl;rj;ij ifapUg;g [ buhf;fj;jpid ifahly; Kyk; Fiwt[ Vw;gLj;jpajidj; bjhlh;e;J 20.7.2000y; U.8190 I tA;fpapy; Kd;dhy; KJepiy vGj;jh;/fhrhsh; (bghWg;g[) jpU.br.rhKBty;uh$; Bjtgpr;ir ifahly; bra;Js;shh;. Mjyhy; nj;bjhif U.8190 f;F jpU.br.rhKBty;uh$; Bjtgpr;ir bghWg;ghfpwhh;. " 15. Material on record further shows that the petitioner has been charge sheeted in C.C.No.79 of 2003 before the learned Judicial Magistrate No.2, Tirunelveli. In the above said case, the petitioner was the second accused and that he has been convicted under Sections 408 (2 counts) and 477(A) of the Indian Penal Code and imposed with a punishment of 12 months imprisonment for each offence and imposed with a fine of Rs.1,000/- each, in default of payment of fine amount, he had to under go 3 months imprisonment. In addition to the above, the petitioner was also convicted in C.C.No.72 of 2003. Though the petitioner has contended that he came to know that he was dismissed from service, only during the pendency of the trial, which seems to have been commenced in the year 2003, the petitioner, in the supporting affidavit, has stated that he went to the bank only on 10.05.2011, to seek for certain documents pertaining to the surcharge proceedings initiated against him under Section 87 of the Act. Thus, it is evident from the record, the petitioner, who had indulged in financial irregularities, causing loss to the fourth respondent society and suffered an order under Section 87 of the Act in the year 2002, dismissed from service for the financial irregularities, slept https://hcservices.ecourts.gov.in/hcservices/ 12 over for nine years from the date of the surcharge proceedings, has now approached this Court, after an inordinate delay, pretending total ignorance of all the proceedings, in which, he had participated. Approaching this Court, after a long lapse of time, alleging violation of the principles of natural justice, is nothing but an attempt to scuttle the proceedings initiated pursuant to the report, i.e., somehow to prevent the property from being brought for public auction. The petitioner, who has suppressed the material facts in the sworn statement and approached this Court with unclean hands and that too, after long delay and laches, is not entitled to equity. Though the following decision has been rendered in service matter, yet the principles laid down by the Supreme Court in dealing with writ petitions filed belatedly, can be made applicable to the facts of this case. In P.S.Sadasivasamy vs. State of Tamil Nadu, reported in (1975) 1 Supreme Court Cases 152, wherein, the Supreme Court, at Paragraph 2, held as follows: "2............ A person aggrieved by an order or promoting a junior over his head should approach the Court at least within six months or at the most a year order of suspension such promotion; it is not that there is any period of limitation of the Courts to exercise their powers under Article 226 nor is it that there can never be a case where the Courts cannot interfere in a matter after the passage of a certain length of time. But it would be a sound and wise exercise of discretion for the Courts to refuse to exercise their extraordinary powers under Article 226 in the case of persons who do not approach it expeditiously for relief and who stand by and allow things to happen and then approach the Court to put forward stale claims and try to unsettle settled matters. The petitioner's petition should, therefore, have been dismissed in limine. Entertaining such petitions is a waste of time of the Court. It clogs the work of the Court and impedes the work of the Court in considering legitimate grievances as also its normal work. We consider that the High Court was right in dismissing the appellant's petition as well as the appeal." 16. It is also seen from the supporting affidavit that after initiation of an enquiry under the Tamil Nadu Co-operative Societies Act by the Deputy Registrar of the Co-operative Societies, Thiruchendur in Na.Ka.No.4031/2000, Tho.Va.3, dated 03.08.2000, the petitioner has sold the property to two persons, knowing fully aware that an enquiry had already been ordered, for the financial irregularities committed by the petitioner and others. The contentions of the petitioner that he was kept in dark and the whole proceedings have been finalised without giving notice to the petitioner and without furnishing a copy of the enquiry officer's report, are contrary to records. Remedy under Article 226 of the Constitution of India is equitable in nature and the petitioner, who has indulged in such financial irregularities, found guilty of the charges, in surcharge proceedings, has not only suppressed of his https://hcservices.ecourts.gov.in/hcservices/ 13 participation in the enquiry but also, attempted to project a case as if he knew nothing about the proceedings initiated against him. Suppression of material facts to gain sympathy from this fact is apparent on the face of record. 17. As regards suppression, useful reference can be made to the decision of the Supreme Court in Arunima Baruah v. Union of India reported in 2007 (6) SCC 120, wherein, at Paragraphs 11 to 14, it held as follows: "11. The court’s jurisdiction to determine the lis between the parties, therefore, may be viewed from the human rights concept of access to justice. The same, however, would not mean that the court will have no jurisdiction to deny equitable relief when the complainant does not approach the court with a pair of clean hands; but to what extent such relief should be denied is the question. 12. It is trite law that so as to enable the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would mean material for the purpose of determination of the lis, the logical corollary whereof would be that whether the same was material for grant or denial of the relief. If the fact suppressed is not material for determination of the lis between the parties, the court may not refuse to exercise its discretionary jurisdiction. It is also trite that a person invoking the discretionary jurisdiction of the court cannot be allowed to approach it with a pair of dirty hands. But even if the said dirt is removed and the hands become clean, whether the relief would still be denied is the question. 13. In Moody v. Cox [(1917) 2 Ch. 71: (1916-17) All ER Rep 548 (CA)],