State of Tamil Nadu vs B.Maximus

Court
Madras High Court

2026:MHC:3576
WA No. 3408 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 3408 of 2023 AND
CMP NO. 27938 OF 2023
1. State of Tamil Nadu
Rep. by Secretary to Government,
Cooperation Department, Secretariat,
Chennai-9.
2. Registrar Of Cooperative Societies
Chennai-10.
3. Joint Registrar Of Co-operative Societies
Kancheepuram.
4. Joint Registrar Of Cooperative Societies
Tiruvallur.
5. Deputy Registrar Of Co-operative Societies
Kancheepuram.
6. Deputy Registrar Of Co-operative Societies
(housing)
Chengalpat, kanchipuram District.
..Appellants
Vs
B.Maximus
17, 13th Cross Street, Kurungi Nagar, Perungudi,
Chennai-96.
..Respondent
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2026:MHC:3576
WA No. 3408 of 2023
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the
order dt. 12.04.2022 made in WP No.34197/2016 .
For Appellants : Ms.Y.Kavitha,
Additional Government Pleader
For Respondent : Mr.C.Vediappan
For Sole Respondent
Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The present writ appeal has been instituted by the State challenging the
writ order dated 12.04.2022 passed in W.P.No.34197 of 2016.
2. The respondent filed writ petition challenging the charge memo dated
09.10.1997 issued by the Deputy Registrar of Cooperative Societies (Housing)
under Rule 17B of the Tamil Nadu Civil Services (Discipline and Appeal)
Rules. The respondent was holding the post of Senior Inspector of
Cooperative Societies and deputed as Special Officer in the Cooperative
Society. Three fold actions were initiated against the respondent. A criminal
case was registered through Commercial Crime Investigation Wing,
departmental disciplinary proceedings were initiated under Rule 17B of the
Discipline and Appeal Rules and simultaneously Surcharge proceedings
under Section 87 of the Tamil Nadu Cooperative Societies Act were initiated
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2026:MHC:3576
WA No. 3408 of 2023
to recover the financial loss occurred to the Society. The writ Court set aside
the charge memo as well as surcharge proceedings/
3. Pertintently, the procedures to be followed in a departmental
proceedings and surcharge proceedings under the Tamil Nadu Cooperative
Societies Act are distinct and different. Therefore, entertaining a writ petition
challenging both proceedings by itself is not in consonance with the provisions
of law. In a Surcharge proceedings, separate trial will be conducted by the
competent authority by following the procedures as contemplated under the
Tamil Nadu Cooperative Societies Act. In respect of the departmental
proceedings, the disciplinary authority has to conduct domestic enquiry by
following the procedures as contemplated under the Tamil Nadu Civil Services
(Discipline and Appeal) Rules. However, the Writ Court has quashed both
the proceedings, which in the opinion of this Court is not in accordance with
law.
4. However, it is brought to the notice of this Court that the respondent
died on 20.01.2025 during the pendency of the litigation. Though the
Department has concluded the enquiry proceedings, final order has not been
passed. Thus, the departmental proceedings initiated under the Tamil Nadu
Civil Services (Discipline and Appeal) Rules got abated. In respect of
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2026:MHC:3576
WA No. 3408 of 2023
Surcharge Proceedings under Section 87 of the Tamil Nadu Cooperative
Societies Act is concerned, the competent authorities are empowered to
recover the financial loss from the legal heirs of the deceased employee by
following the procedures as contemplated under the Tamil Nadu Cooperative
Societies Act and the Rules independently. Since the present Surcharge
proceedings quashed by the Writ Court Court is only against the respondent,
the competent authority are at liberty to proceed against the legal heirs of the
deceased employee for recovering the financial loss by following the
procedures as contemplated under the Tamil Nadu Cooperative Societies Act.
In respect of the disciplinary proceedings, no further actions are required. All
further proceedings, if necessary, may be taken under the Tamil Nadu
Cooperative Societies Act only to recover the financial loss occurred to the
Society.
5. With the above clarifications, the writ appeal stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (K.G.R.,J.)
28-08-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KST
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2026:MHC:3576
WA No. 3408 of 2023
To
1. The Secretary to Government, Cooperation Department,
Secretariat, Chennai-9.
2. Registrar Of Cooperative Societies
Chennai-10.
3. Joint Registrar Of Co-operative Societies
Kancheepuram.
4. Joint Registrar Of Cooperative Societies
Tiruvallur.
5. Deputy Registrar Of Co-operative Societies
Kancheepuram.
6. Deputy Registrar Of Co-operative Societies (housing)
Chengalpat, kanchipuram District.
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2026:MHC:3576
WA No. 3408 of 2023
S.M.SUBRAMANIAM J.
AND
KRISHNASWAMY GOVINDARAJAN J.
KST
WA No. 3408 of 2023
AND
CMP NO. 27938 OF 2023
28-08-2026
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