K.Ramajayam v. The Joint Registrar of Cooperative Societies

JUDGMENT (Judgment of the Court was delivered by N.SENTHILKUMAR J.) This intra court appeal has been filed challenging the order passed by the Writ Court in W.P.No.32552 of 2024 dated 09.02.2026.

2.The Appellant herein is the writ petitioner, who challenged the original impugned order passed by the 1st respondent in Revision Petition No.04/2023/Sa.Pa (Na.Ka.No.3106/2023) dated 18.10.2023, whereby the 1st respondent confirmed the order of punishment imposed by the 2nd respondent and further ordered reduction of one rank in the seniority list.

3.The case of the appellant before the Writ Court was that originally he Page3 of 8 was appointed as a Salesman in the 2nd respondent Society on 17.07.2010 through Employment Exchange and was later promoted as Junior Assistant/Fertilizer Salesman with effect from 01.07.2020, which was approved by the Deputy Registrar of Cooperative Societies.

4.It is the further case of the appellant that allegations were levelled against him stating that he had demanded and received bribe from certain members of the society for issuance of loan waiver certificates and return of pledged gold jewels under the Tamil Nadu Government's General Gold Loan Waiver Scheme, 2021. For the said charges, the Appellant was placed under suspension by proceedings dated 02.04.2022 with effect from 04.04.2022 and a charge memo dated 18.08.2022 was issued to the Appellant. Thereafter, an Enquiry Officer was appointed, who submitted his report on 05.11.2022 holding that the charges were proved. A copy of the enquiry report was furnished to the Appellant on 07.11.2022. After issuance of second show cause notice, the 2nd respondent by proceedings dated 30.01.2023, imposed the punishment of demotion from the post of Junior Assistant/Fertilizer Salesman to the lower post of Salesman. Page4 of 8

5.Aggrieved by the said order, the Appellant preferred a Revision Petition under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983 before the 1st respondent, who confirmed the punishment of demotion by order dated

18.10.2023 and further imposed an additional punishment namely reduction of one rank on the seniority list. Challenging the same, the writ petition was filed.

6.The writ Court, after taking into consideration that the appellant did not cross examine the prosecution witnesses during the enquiry and he did not adduce any evidence to disprove the charges levelled against him, rejected the claim made by the appellant in the writ petition. Against which, the present Appeal has been preferred.

7.Heard the learned counsel for the Appellant and the learned Special Government Pleader for the respondents.

8.The learned counsel for the Appellant submitted that no opportunity was given to the Appellant during the enquiry as well as at the appellate stage, which is against the principles of natural justice. However, the original impugned order was passed and the same was confirmed by the Appellate Page5 of 8 Authority.

9.The said submissions of the learned counsel for the appellant is not acceptable on the ground that the appellant was given an opportunity to cross examine the prosecution witnesses during the enquiry, where he failed to cross examine. Even at the Appellate stage the appellant did not make any allegation that there was violation of principles of natural justice and denial of opportunity to cross examine. In the absence of any such plea, the Writ Court rightly recorded that the appellant failed to cross examine the prosecution witnesses during the enquiry. Therefore, we do not find any infirmity in the order passed by the Writ Court.

10.It is to be noted that the Writ Court cannot go into the merits of the enquiry unless there is perversity in the findings or violation of principles of natural justice. In the present case, no such perversity or violation has been established. The contention regarding denial of opportunity is contrary to the record, as the appellant failed to cross-examine the witnesses despite being given an opportunity. In such circumstances, we do not see any merits in this Writ Appeal. Page6 of 8

9.Accordingly, this Writ Appeal is dismissed as devoid of merits, confirming the order passed by the Writ Court in W.P.No.32552 of 2024 dated

09.02.2026, with a direction to the respondents to comply with the order passed by the Writ Court . No costs. Consequently, connected Miscellaneous Petition is closed. (R.S.K.,J.) (N.S.,J.) 22-04-2026 Index: Yes/No Speaking/Non-speaking order sai Page7 of 8 To

1.The Joint Registrar of Cooperative Societies Revisional Authority, Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District.

2.The Administrator H.H.256 Nedumbirai Primary Agricultural Cooperative Credit Society, Nedumbirai Village and Post, Cheyyur Taluk, Thiruvannamalai District WAoNo.o871oofo2026 R.SURESHoKUMARoJ. and N.SENTHILKUMARoJ. sai WAoNo.o871oofo2026 and CMPoNo.o9246oofo2026 22-04-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR and THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and CMP No. 9246 of 2026 K.Ramajayam S/o.Kullan, No.344, Kaliyur Salai, Puliyarambakkam Village, Cheyyar Taluk, Thiruvannamalai District ..Appellant(s) Vs 1. The Joint Registrar of Cooperative Societies Revisional Authority, Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District. 2. The Administrator H.H.256 Nedumbirai Primary Agricultural Cooperative Credit Society, Nedumbirai Village and Post, Cheyyur Taluk, Thiruvannamalai District ..Respondent(s) Page2 of 8 Prayer: Appeal filed under Clause 15 of the Letters Patent to set aside order dated 09-02-2026 in WP.No.32552 of 2024. For Appellant(s): Mr.C.Prakasam For Respondent(s): Mr.S.Ravi Kumar, Special Government Pleader