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2023 (6) TMI 490 - HC - Indian LawsEnquiry on the alleged irregularities with regard to the functioning of the Society - Forbearance of authorities from proceeding with the enquiry initiated under Section 34A of the Act without affording due opportunity to the newly elected office bearers - bone of contention of the petitioners is that the impugned notice of enquiry dated 15.05.2023 ought to have been issued after recalling the Government Order in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023, in and by which, the Management Committee was superseded by the Government. HELD THAT - The petitioners / some of the newly elected Management Committee Members have made a representation on 04.02.2023 and filed WP.No.7179 of 2023 for a mandamus. The Government Order in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department was passed on 01.03.2023. This Court, on 10.03.2023, directed the respondents to pass orders on the representation of the petitioners. This order was passed at the admission stage itself. The petitioners have suppressed the issuance of the Government Order dated 01.03.2023, when the writ petition came up for hearing on 10.03.2023. Therefore, this Court, without any reference to the Government Order dated 01.03.2023, directed the first respondent herein to pass orders on the representation of the petitioners. Since the Government Order in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023, has been passed after affording due opportunity to the then Office Bearers, who are also the incumbent President, Vice President, Secretary, Treasurer of the Society, there is no necessity for providing opportunity to each and every member of the Society in the proceedings initiated under Section 34A of the Act. The impugned notice of enquiry dated 15.05.2023 is set aside, as it is not necessary, in view of the issuance of G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023. Since this Government Order has already been challenged before this Court and the said writ petitions are also pending consideration, the petitioners can work out their remedy in the pending writ petitions, if so advised. Petition allowed in part.
Issues involved:
The petitioners challenge a notice of enquiry issued by the first respondent regarding alleged irregularities in the functioning of Victoria Edward Hall Society, Madurai, superseding the Management Committee. Details of the Judgment: Issue 1: Challenge to the notice of enquiry The petitioners, being Management Committee members of the Society, challenge the notice of enquiry issued by the first respondent, claiming it was issued without recalling a Government Order superseding the Management Committee. The petitioners argue that the Government Order was passed without hearing them or the newly elected Management Committee Members. The Court notes that the Government Order was issued after hearing some office bearers, and as such, there was no need to provide an opportunity to every member of the Society in the enquiry proceedings. Issue 2: Compliance with principles of natural justice The petitioners argue that post decisional opportunity of hearing does not serve the principles of natural justice. They rely on a Supreme Court decision to support their contention. The Court considers this argument but ultimately decides that the Government Order was passed after affording due opportunity to the relevant office bearers, and thus, the notice of enquiry is set aside. Issue 3: Pending writ petitions and remedy The Court highlights that there are pending writ petitions challenging the Government Order superseding the Management Committee. It directs the petitioners to seek remedy in those pending petitions. The Court sets aside the notice of enquiry, considering the ongoing legal challenges related to the Government Order. In conclusion, the writ petition is partly allowed, and no costs are imposed. The Court advises the petitioners to pursue their remedy in the pending writ petitions. Connected miscellaneous petitions are closed.
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