P.Muthu Mohanraj vs The Deputy Registrar Of Cooperative … on 15 April, 2026

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    Madras High Court

    P.Muthu Mohanraj vs The Deputy Registrar Of Cooperative … on 15 April, 2026

    Author: N.Sathish Kumar

    Bench: N.Sathish Kumar, B.Pugalendhi

                                                                            W.P(MD)No.14274 of 2020
    
    
                               BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                               RESERVED ON : 15.04.2026
    
                                               DELIVERED ON : 27.04.2026
    
                                                       CORAM
    
                                 THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                                         AND
                                      THE HONOURABLE MR.JUSTICE B.PUGALENDHI
                                                         AND
                                      THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
    
                                                WP(MD)No.14274 of 2020
    
    
                      P.Muthu Mohanraj                                        ...Petitioner
    
                                                           Vs
    
                      1. The Deputy Registrar of Co-operative Societies,
                         Madurai Range, Madurai
    
                      2. Tmt.J.Subbulakshmi,
                         Under Section 82 Enquiry Officer
                          Cum Co-Operative Sub-Registrar,
                        A-2547 Pasumalai Urban Co-Operative
                         Credit Society, Pasumalai,
                         Madurai.                                             ....Respondents
    
                      Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                      praying this Court to issue a Writ of certiorari to call for the records in
                      Na.Ka.4620/2016/Sa.Pa. dated 23.6.2020 on the file of the 1st respondent and
                      quash the same.
    
    
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                                      For Petitioner     : Mr.H.Arumugam
                                                           for Mr.S.Kumar
    
                                      For Respondents : Mr.M.Ajmal Khan,
                                                        Addl. Advocate General I, Assisted by
                                                        Mr.S.P.Maharajan
                                                        Special Government Pleader for R1
    
                                      Counsels assisted : Mr.Isaac Mohanlal, Senior Counsel
                                      the Hon'ble Court : for M/s.Isaac Chambers
                                                          Mr.Sunny Sheenakkara
    
    
    
                                                           ORDER
    

    (Order of the Court was delivered by MR.N.SATHISH KUMAR, J.)

    This Larger Bench has been constituted on the basis of a

    SPONSORED

    reference made by the learned Single Judge of this Court

    [G.R. Swaminathan, J.] vide order dated 03.01.2024, to answer the issue as

    to whether surcharge proceedings could be initiated against a retired

    employee. The said reference was made in view of the observations

    contained in paragraphs 28 and 29 of the Larger Bench (comprising three

    Judges) of this Court in S.Andiyannan v. The Joint Registrar, Co-operative

    Societies and another reported in 2015-3-L.W. 513.

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    2. In S.Andiyannan’s case, the Full Bench of this Court

    adjudicated upon the following questions:

    “1. Whether the disciplinary proceedings initiated
    against an employee of a co-operative society, governed by the
    Tamil Nadu Co-operative Societies Act, 1983, could be continued
    even after retirement of the said employee?

    2. Whether Section 87 of the Tamil Nadu Co-

    operative Societies Act, 1983, could be considered as an enabling
    provision empowered the disciplinary authority to continue the
    disciplinary proceedings even after the retirement of the
    employee?”

    3. While answering the reference, the Full Bench held that

    disciplinary proceedings cannot be continued against the concerned

    employee after his retirement. Such proceedings are bad in law in the

    absence of any service rules or bye-laws permitting their continuation. As

    regards the second question of law, the Full Bench held that ‘surcharge’

    proceedings are not penal in nature, as they are concerned only with the

    recovery of money or property, or any part thereof, along with interest, from

    the retired employee in lieu of the financial loss caused by the concerned

    employee. The Full Bench further held that Section 87 of the Tamil Nadu

    Co-operative Societies Act, 1983 is not an enabling provision permitting a

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    Co-operative Society to continue disciplinary proceedings against an erring

    employee, after retirement. In fact, the Full Bench answered the reference to

    the extent that only disciplinary proceedings are impermissible after the

    retirement of an employee. The question of initiation of surcharge

    proceedings was not directly adjudicated upon. However, in paragraphs 27

    and 28, while making certain observations, the Full Bench recorded that

    surcharge proceedings cannot be initiated against a retired employee. This

    observation has led to confusion, resulting in the constitution of this Bench

    to determine whether surcharge proceedings can be initiated against a retired

    employee.

    4. Mr.H.Arumugam, learned counsel appearing for the

    petitioner, fairly submitted that, insofar as the question of law is concerned,

    the language employed in Section 87 of the Tamil Nadu Co-operative

    Societies Act is clear and unambiguous, and that the said provision makes it

    evident that surcharge proceedings can be initiated even against former

    employees, provided such proceedings are commenced within the time

    stipulated under the Act. He further submitted that the observations made in

    paragraphs 28 and 29 of the Full Bench judgment in S. Andiyannan’s case

    are, at best, attributable to clerical errors, and may be construed as obiter

    dicta, which are not binding.

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    5. Mr.M.Ajmalkhan, learned Additional Advocate General

    appearing for the first respondent, submitted that in S. Andiyannan’s case,

    the Full Bench was constituted solely to answer the issue as to whether

    disciplinary proceedings could be continued after the retirement of an

    employee. The question of surcharge proceedings was never in issue.

    Hence, he contended that the Full Bench did not decide the question relating

    to the initiation of surcharge proceedings after retirement. Accordingly, he

    submitted that any observations contained in paragraphs 28 and 29 of the

    Full Bench judgment are, at best, an obiter dicta and, therefore, not binding.

    He further submitted that, as per Section 87 of the Tamil Nadu Co-operative

    Societies Act, 1983, surcharge proceedings can be initiated against both past

    and present employees.

    6. Mr.Issac Mohanlal, learned Senior Counsel assisting this

    Court, submitted that the observations contained in paragraphs 28 and 29 are

    clearly in the nature of an obiter dicta and, therefore, the same are not

    binding as precedent. He contended that the same may be disregarded, as the

    Full Bench was never called upon to decide that issue, having been

    constituted solely to answer the question as to whether disciplinary

    proceedings could be initiated against a retired employee. According to him,
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    on a plain reading of Section 87 of the Tamil Nadu Co-operative Societies

    Act, 1983, surcharge proceedings are very well maintainable.

    7. Mr.Sunny Sheenakkara, learned counsel, who voluntarily

    assisted the Court, took us through the various prior legislations governing

    surcharge proceedings. According to him, under the predecessor enactment,

    namely the Madras Co-operative Societies Act, 1932, surcharge proceedings

    could be initiated under Section 49 against any person who had taken part in

    the organisation or management of the society, or any past or present officer

    thereof, who had misappropriated or fraudulently retained any money or

    other property, or had been guilty of breach of trust in relation to the society.

    Similarly, under the Tamil Nadu Co-operative Societies Act, 1961,

    analogous provisions existed in Sections 64, 65, and 66, relating to audit,

    enquiry, inspection, or winding up. Where, upon such audit or enquiry, it

    appears that any person, including a past or present officer or servant of the

    society, had misappropriated or fraudulently retained any money or property

    of the society, surcharge proceedings could be initiated under Section 71. A

    similar provision is contained in the present enactment, namely the Tamil

    Nadu Co-operative Societies Act, 1983. Section 87 of the said Act enables

    Co-operative Societies to initiate surcharge proceedings against any person

    who was entrusted with the organisation or management of the society, or
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    any past or present officer or servant thereof, who has misappropriated or

    fraudulently retained any money or property of the society. Hence, it is his

    contention that the observations contained in the judgment of the earlier Full

    Bench of this Court are not binding, being in the nature of obiter dicta.”

    8. It was also brought to the notice of this Court that provisions

    pari materia with Section 87 of the Tamil Nadu Co-operative Societies Act,

    1983 exist in other State enactments. Under the Andhra Pradesh Co-

    operative Societies Act, 1964, Section 60 permits the initiation of surcharge

    proceedings against both present and retired employees. Similarly, Section

    68 of the Kerala Co-operative Societies Act, 1969 and Section 88 of the

    Maharashtra Co-operative Societies Act, 1960 also provide for the initiation

    of surcharge proceedings against present as well as retired employees.

    9. In the light of the above submissions, we have gone through

    the provisions of Section 87 of the Tamil Nadu Co-operative Societies Act,

    1983, which reads as follows:

    ”87. Surcharge.

    (1) Where in the course of an audit under section 80 or
    an inquiry under section 81 or an inspection or investigation
    under section 82 or inspection of books under section 83 or the
    winding-up of a society, it appears that, any person who is or

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    was entrusted with the organisation or management of the
    society or any past or present officer or servant of the society,
    either on his own or in connivance with any other person, has
    misappropriated or fraudulently retained or transferred any
    money or other property or been guilty of breach of trust in
    relation to the society or has caused any deficiency in the assets
    of the society by breach of trust or negligence or has made any
    payment which is not in accordance with this Act, rules or by-

    laws, the Registrar himself or any person specially authorised
    by him in this behalf, of his own motion or on the application of
    the Board, liquidator or any creditor or contributory, may
    frame charges against such person or officer or servant or such
    other person and after giving a reasonable opportunity to the
    person concerned and in the case of his demise, to his
    representative who inherits his estate or a person who holds his
    estate, to answer the charges, make an order requiring him to
    repay or restore the money or property, or any part thereof with
    interest at such rate as the Registrar or the person authorised as
    aforesaid thinks just or to contribute such sum to the assets of
    the society by way of compensation in respect of the
    misappropriation, misapplication of funds, fraudulent retention
    or transfer of money or other property, breach of trust or
    negligence or payments which are not in accordance with this
    Act, rules or by-laws as the Registrar or the person authorised
    as aforesaid thinks just:

    Provided that no action shall be commenced under this
    sub-section after the expiry of seven years from the date of
    detection of any act or omission referred to in this sub-section:

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    Provided further that the action commenced under this
    sub-section shall be completed within a period of six months
    from the date of such commencement or such further period or
    periods as the next higher authority may permit but such
    extended period or periods shall not exceed six months in the
    aggregate.

    (2)Without prejudice to any other mode of recovery
    which is being taken or may be taken under this Act or any
    other law for the time being in force, any sum ordered under
    this section to be repaid to a registered society or recovered as
    a contribution to its assets may be recovered as if it were an
    arrears of land revenue and for the purpose of such recovery,
    the Registrar shall have the powers of a Collector under the
    Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of
    1864).

    (3)This section shall apply notwithstanding that such
    person or officer or servant may have incurred criminal liability
    by his act.

    (4)The Registrar or the person authorised by him shall,
    when acting under this section, have all the powers of a Civil
    Court while trying a suit under the Code of Civil Procedure,
    1908 (Central Act V of 1908) in respect of the following matters,
    namely:~

    (a)summoning and enforcing the attendance of any
    person and examining him on oath;

    (b)requiring the discovery and production of any
    documents;

    (c)reception of evidence on affidavits;

    (d)requisitioning any public record from any Court or

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    office;

    (e)issuing Commission for examining of witnesses.”

    10. The Tamil Nadu Co-operative Societies Act, 1983 came into

    force after the repeal of the predecessor enactments, viz., the Tamil Nadu

    Co-operative Societies Act, 1932 and the Tamil Nadu Co-operative Societies

    Act, 1961. Even under the earlier enactments, provisions for surcharge

    proceedings existed even prior to independence. The various enactments

    referred to above also clearly indicate that provisions existed for initiating

    action against past servants as well, in cases where misappropriation or

    fraudulent retention of money or property was found. Similar provisions are

    also contained in Section 60 of the Andhra Pradesh Co-operative Societies

    Act, 1964, which is pari materia with Section 87 of the Tamil Nadu Co-

    operative Societies Act, 1983. Except for the procedural safeguard requiring

    the Registrar or his authorised representative to afford an opportunity of

    hearing to the person concerned to make a representation and establish

    otherwise, initiation of surcharge proceedings against past employees is

    permitted. Similarly, Section 68 of the Kerala Co-operative Societies Act,

    1969 and Section 88 of the Maharashtra Co-operative Societies Act, 1960

    also permit initiation of surcharge proceedings against past employees.

    Thus, Section 87 of the Tamil Nadu Co-operative Societies Act, 1983, which

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    is the culmination of various legislative models adopted across different

    States, though with certain variations from the Tamil Nadu Co-operative

    Societies Act, 1961, makes it clear that surcharge proceedings can also be

    initiated against retired employees.”

    11. The plain language of Section 87 of the Tamil Nadu Co-

    operative Societies Act, 1983 makes it clear that where in the course of an

    audit under section 80 or an inquiry under section 81 or an inspection or

    investigation under section 82 or inspection of books under section 83 or the

    winding-up of a society, it appears that, any person who is or was entrusted

    with the organisation or management of the society or any past or present

    officer or servant of the society, either on his own or in connivance with any

    other person, has misappropriated or fraudulently retained or transferred any

    money or other property or been guilty of breach of trust in relation to the

    society or has caused any deficiency in the assets of the society by breach of

    trust or negligence or has made any payment which is not in accordance with

    this Act, rules or by-laws, the Registrar himself or any person specially

    authorised by him in this behalf, of his own motion or on the application of

    the Board, liquidator or any creditor or contributory, may frame charges

    against such person or officer or servant or such other person and after

    giving a reasonable opportunity to the person concerned and in the case of
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    his demise, to his representative who inherits his estate or a person who

    holds his estate, to answer the charges for the purpose of recovery of money

    or other property of the society.

    12. The plain reading of the language employed in Section 87

    makes it clear that there is no bar in law to initiate surcharge proceedings

    against any person, whether a past or present servant of the society.

    Therefore, we are of the view that proceedings under Section 87, namely

    surcharge proceedings, can be initiated against retired employees or against

    any person who was entrusted with the organisation or management of the

    society, or any past or present officer or servant thereof, if an audit under

    Section 80, or an enquiry or inspection or investigation under Section 82, or

    an inspection of books under Section 83, or the winding up of a society,

    discloses circumstances warranting such initiation of proceedings

    13. The Full Bench, in the reference in question, answered two

    questions as follows:

    “30. Answer to the first question referred to this
    Bench:

    Under the Tamil Nadu Cooperative Societies Act,
    1983
    , once an employee retired from service, there could be no

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    authority vested with the employer for continuing any
    disciplinary proceeding, in the absence of relevant service
    Rules permitting the employer to continue the disciplinary
    proceeding. In other words, if there is no service Rules or bye-
    law of the society empowering the employer to continue the
    departmental proceeding, the employer, would have no
    authority to continue the departmental proceeding after the
    retirement of the employee.

    31. Answer to the second question referred to this
    Bench:

    As contemplated under Section 87 of the Tamil Nadu
    Cooperative Societies Act, 1983, the term -surcharge- is not
    penal in nature, hence if there is admission with regard to the
    loss caused by the employee or the same is established by the
    cooperative institution, based on the proceeding already
    initiated for surcharge, the same could be recovered in the
    manner known to law. However, the provision relating to
    surcharge under Section 87 of the Act is not impliedly
    empowering the disciplinary authority to continue any
    disciplinary proceeding against an employee, who retired from
    service, in the absence of any Service Rules or Bye-law. Hence,
    Section 87 of the said Act cannot be construed as an enabling
    provision or impliedly empowering provision to the employer to
    continue any disciplinary proceeding after the retirement of
    any employee, in the absence of any Service Rules.”

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    14. The Full Bench has never gone into the issue of surcharge

    proceedings at all. However, in paragraphs 27 and 28, in the penultimate

    lines of those paragraphs, the Full Bench has observed as follows:

    In paragraph 27, it is stated that, “however,
    surcharge proceedings cannot be initiated against any retired
    employee.”

    In paragraph 28, it is stated that, “however, even
    surcharge proceedings cannot be initiated after the retirement
    of an employee to recover the same from his retiral benefits.”

    15. In Director of Settlements, A.P. And others Vs.

    M.R.Apparao and another reported in (2002) 4 SCC 638, the Hon’ble

    Supreme Court has held as follows:

    “A judgment of the Court has to be read in the
    context of questions which arose for consideration in the case in
    which the judgment was delivered. An ‘obiter dictum’ as
    distinguished from a ratio decidendi is an observation by Court
    on a legal question suggested in a case before it but not arising
    in such manner as to require a decision. Such an obiter may not
    have a binding precedent as the observation was unnecessary
    for the decision pronounced.”

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    16. In Arun Kumar Aggarwal Vs. State of Madhya Pradesh

    and others reported in (2014) 13 SCC 707, the Hon’ble Supreme Court has

    observed as follows:

    “24. At this stage, it is pertinent to consider the
    nature and scope of a mere observation or obiter dictum in the
    Order of the Court. The expression obiter dicta or dicta has been
    discussed in American Jurisprudence 2d, Vol. 20, at pg. 437 as
    thus:

    “74. -Dicta
    Ordinarily, a court will decide only the questions
    necessary for determining the particular case presented. But
    once a court acquires jurisdiction, all material questions are
    open for its decision; it may properly decided all questions
    so involved, even though it is not absolutely essential to the
    result that all should be decided. It may, for instance,
    determine the question of the constitutionality of a statute,
    although it is not absolutely necessary to the disposition of
    the case, if the issue of constitutionality is involved in the suit
    and its settlement is of public importance. An expression in
    an opinion which is not necessary to support the decision
    reached by the court is dictum or obiter dictum.

    “Dictum” or “obiter dictum: is distinguished from the
    “holding of the court in that the so- called “law of the case”

    does not extend to mere dicta, and mere dicta are not
    binding under the doctrine of stare decisis.

    As applied to a particular opinion, the question of
    whether or not a certain part thereof is or is not a mere
    dictum is sometimes a matter of argument. And while the
    terms “dictum” and “obiter dictum” are generally used
    synonymously with regard to expressions in an opinion
    which are not necessary to support the decision, in
    connection with the doctrine of stare decisis, a distinction
    has been drawn between mere obiter and “judicial dicta,”

    the latter being an expression of opinion on a point
    deliberately passed upon by the court.” (Emphasis

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    supplied).

    Further at pg. 525 and 526, the effect of dictum has been
    discussed:

    “190. Decision on legal point; effect of dictum
    … In applying the doctrine of stare decisis, a
    distinction is made between a holding and a dictum.
    Generally stare decisis does not attach to such parts of an
    opinion of a court which are mere dicta. The reason for
    distinguishing a dictum from a holding has been said to be
    that a question actually before the court and decided by it is
    investigated with care and considered in its full extent,
    whereas other principles, although considered in their
    relation to the case decided, are seldom completely
    investigated as to their possible bearing on other cases.
    Nevertheless courts have sometimes given dicta the same
    effect as holdings, particularly where “judicial dicta” as
    distinguished from “obiter dicta” are involved.”

    25. According to P. Ramanatha Aiyar’s, Advanced Law
    Lexicon (3rd Edn. 2005), the expression “observation” means a

    “view, reflection; remark; statement; observed truth
    or facts; remarks in speech or writing in reference to
    something observed.”

    26. Wharton’s Law Lexicon (14th Edn. 1993) defines term
    “obiter dictum” as an opinion not necessary to a judgment; an
    observation as to the law made by a judge in the course of a case,
    but not necessary to its decision, and therefore of no binding
    effect; often called as obiter dictum, a remark by the way.”

    27. The Black’s Law Dictionary, (9th Edn., 2009) defines
    term “obiter dictum” as

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    “obiter dictum._ A judicial comment made while
    delivering a judicial opinion, but one that is unnecessary to
    the decision in the case and therefore not precedential
    (although it may be considered persuasive). — Often
    shortened to dictum or, less commonly, obiter. …..

    “Strictly speaking an “obiter dictum” is a
    remark made or opinion expressed by a judge, in his
    decision upon a cause, “by the way”__ that is,
    incidentally or collaterally, and not directly upon the
    question before the court; or it is any statement of law
    enunciated by the judge or court merely by way of
    illustration, argument, analogy, or suggestion…. In the
    common speech of lawyers, all such extrajudicial
    expressions of legal opinion are referred to as
    “dicta,” or “obiter dicta,” these two terms being used
    interchangeably.”

    28. Words and Phrases, Permanent Edn., Vol. 29 defines
    the expression “obiter dicta” or “dicta” thus:

    “Dicta are opinions of a judge which do not embody
    the resolution or determination of the court, and made
    without argument or full consideration of the point, are not
    the professed deliberate determinations of the judge
    himself; obiter dicta are opinions uttered by the way, not
    upon the point or question pending, as if turning aside for
    the time from the main topic of the case to collateral
    subjects; It is mere observation by a judge on a legal
    question suggested by the case before him, but not arising
    in such a manner as to require decision by him; “Obiter
    dictum” is made as argument or illustration, as pertinent to
    other cases as to the one on hand, and which may enlighten
    or convince, but which in no sense are a part of the
    judgment in the particular issue, not binding as a
    precedent, but entitled to receive the respect due to the
    opinion of the judge who utters them; Discussion in an
    opinion of principles of law which are not pertinent,
    relevant, or essential to determination of issues before
    court is “obiter dictum”.

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    29. The concept of “Dicta” has also been considered in
    Corpus Juris Secundum, Vol. 21, at pg. 309-12 as thus:

    “190. Dicta
    a. In General A Dictum is an opinion expressed by a
    court, but which, not being necessarily involved in the case,
    lacks the force of an adjudication; an opinion expressed by
    a judge on a point not necessarily arising in the case; a
    statement or holding in an opinion not responsive to any
    issue and noty necessary to the decision of the case; an
    opinion expressed on a point in which the judicial mind is
    not directed to the precise question necessary to be
    determined to fix the rights of the parties; or an opinion of
    a judge which does not embody the resolution or
    determination of the court, and made without argument, or
    full consideration of the point, not the professed deliberate
    determination of the judge himself. The term “dictum” is
    generally used as an abbreviation of “obiter dictum” which
    means a remark or opinion uttered by the way.

    Such an expression or opinion, as a general rule, is
    not binding as authority or precedent within the stare
    decisis rule, even on courts inferior to the court from which
    such expression emanated, no matter how often it may be
    repeated. This general rule is particularly applicable where
    there are prior decisions to the contrary of the statement
    regarded as dictum; where the statement is declared, on
    rehearing, to be dictum; where the dictum is on a question
    which the court expressly states that it does not decide; or
    where it is contrary to statute and would produce an
    inequitable result. It has also been held that a dictum is not
    the “law of the case,”nor res judicata.”

    30. The concept of “Dicta” has been discussed in
    Halsbury’s Laws of England, Fourth Edition (Reissue), Vol. 26,
    para. 574 as thus:

    “574. Dicta.__ Statements which are not necessary
    to the decision, which go beyond the occasion and lay

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    down a rule that it is unnecessary for the purpose in hand
    are generally termed “dicta”. They have no binding
    authority on another court, although they may have some
    persuasive efficacy. Mere passing remarks of a judge are
    known as “obiter dicta”, whilst considered enunciations of
    the judge’s opinion on a point not arising for decision, and
    so not part of the ratio decidendi, have been termed
    “judicial dicta”. A third type of dictum may consist in a
    statement by a judge as to what has been done in other
    cases which have not been reported.

    … Practice notes, being directions given without
    argument, do not have binding judicial effect. Interlocutory
    observations by members of a court during argument,
    while of persuasive weight, are not judicial
    pronouncements and do not decide anything.”

    31. In Municipal Corporation of Delhi v. Gurnam
    Kaur
    , (1989) 1 SCC 101 and Divisional Controller, KSRTC v.
    Mahadeva Shetty
    , (2003) 7 SCC 197, this Court has observed that

    “12……Mere casual expressions carry no weight at all.
    Not every passing expression of a judge, however eminent,
    can be treated as an ex cathedra statement, having the weight
    of authority.”

    32. In State of Haryana v. Ranbir, (2006) 5 SCC
    167, this Court has discussed the concept of the “obiter dictum”
    thus:

    “13. ….. A decision, it is well settled, is an
    authority for what it decides and not what can logically be
    deduced therefrom. The distinction between a dicta and
    obiter is well known. Obiter dicta is more or less
    presumably unnecessary to the decision. It may be an
    expression of a viewpoint or sentiments which has no
    binding effect. See ADM, Jabalpur v. Shivakant Shukla. It is
    also well settled that the statements which are not part of
    the ratio decidendi constitute obiter dicta and are not

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    authoritative. (See Divisional Controller, KSRTC v.
    Mahadeva Shetty
    )”

    33. In Girnar Traders v. State of Maharashtra,
    (2007) 7 SCC 555, this Court has held:

    “53…..Thus, observations of the Court did not
    relate to any of the legal questions arising in the case and,
    accordingly, cannot be considered as the part of ratio
    decidendi. Hence, in light of the aforementioned judicial
    pronouncements, which have well settled the proposition
    that only the ratio decidendi can act as the binding or
    authoritative precedent, it is clear that the reliance placed
    on mere general observations or casual expressions of the
    Court, is not of much avail to the respondents.”

    34. In view of above, it is well settled that obiter
    dictum is a mere observation or remark made by the court by way
    of aside while deciding the actual issue before it. The mere casual
    statement or observation which is not relevant, pertinent or
    essential to decide the issue in hand does not form the part of the
    judgment of the Court and have no authoritative value. The
    expression of the personal view or opinion of the Judge is just a
    casual remark made whilst deviating from answering the actual
    issues pending before the Court. These casual remarks are
    considered or treated as beyond the ambit of the authoritative or
    operative part of the judgment.”

    17. In Property Owners Association and Others Vs. State of

    Maharashtra and others reported in (2024) 18 SCC 1, in a Constitution

    Bench, the Hon’ble Supreme Court has held as follows:
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    W.P(MD)No.14274 of 2020

    153. Not every observation in a judgement of this
    Court is binding as precedent. Only the ratio decidendi or the
    propositions of law that were necessary to decide on the issues
    between the parties are binding. Observations by the judge, even
    determinative statements of law, which are not part of her
    reasoning on a question or issue before the court, are termed obiter
    dicta. Such observations do not bind the Court. More simply, a case
    is only an authority for what it actually decides.

    154. A Constitution Bench of this Court (speaking
    through Chief Justice Khare) in Islamic Academy of Education v.

    State of Karnataka111 pithily observed:

    “2. The ratio decidendi of a judgment has to be
    found out only on reading the entire judgment. In
    fact, the ratio of the judgment is what is set out in the
    judgment itself. The answer to the question would
    necessarily have to be read in the context of what is
    set out in the judgment and not in isolation. In case
    of any doubt as regards any observations, reasons
    and principles, the other part of the judgment has to
    be looked into. By reading a line here and there
    from the judgment, one cannot find out the
    entire ratio decidendi of the judgment.”

    18. Therefore, from the above judgments, the observations made

    by the Full Bench, which are in no way connected to the issue referred to the

    Full Bench, are, in our view, contrary to the plain meaning of Section 87 of

    the Tamil Nadu Co-operative Societies Act, 1983. Therefore, the

    observations contained in paragraphs 27 and 28 in S.Andiyanna’s case are to

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    W.P(MD)No.14274 of 2020

    be held as an obiter dicta and not a binding precedent for holding that

    surcharge proceedings are not maintainable.

    19. We also refer to the judgment of this Court in P. Thangavel

    vs. The Chairman, Common Cadre Committee, reported in 2012 (3) CTC

    468. In that case, this Court held that, although disciplinary proceedings

    cannot be initiated in the absence of service rules, a Co-operative Society can

    initiate surcharge proceedings against a retired employee. A similar view has

    been taken in R. Murugesan vs. Joint Registrar of Co-operative Societies,

    reported in 2014-2-L.W. 96. Further, in M.K.S. Balasubramanian vs. The

    Kancheepuram Central Co-operative Bank Limited, reported in 2010 (2)

    CTC 569, a Division Bench of this Court held that, although disciplinary

    proceedings under Section 87 cannot be initiated against a deceased official,

    the loss sustained by the Society can be recovered from the legal

    representatives of the said erring official. Therefore, we are of the definite

    view that, as the issue before the Full Bench was not with regard to

    surcharge proceedings, the observations made therein can only be construed

    as obiter dictum and not as ratio decidendi. This has also been held in

    Kerala State Science & Technology Museum vs. Rambal Co. and Others,

    reported in (2006) 6 SCC 258.

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    20. In view of the above, and having regard to the legislative

    intent to recover the loss caused to the Society from its past or present

    employees, we answer the reference as follows:

    Surcharge proceedings against a retired

    employee are also permissible under Section 87 of the Tamil

    Nadu Co-operative Societies Act, 1983, provided that the

    same are initiated within the time limit stipulated under the

    said provision.

    21. It is also brought to our notice as to the amendment made in

    the first proviso to Section 87(1) of the Tamil Nadu Co-operative Societies

    Act, 1983, wherein the following amendment has been made:

    “Provided that no action shall be commenced under this
    sub-section after the expiry of seven years from the date of
    detection of any act or omission referred to in this sub-section”.

    22. Prior to the amendment, the first proviso to Section 87(1) of

    the Tamil Nadu Co-operative Societies Act, 1983, read as follows:

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    “Provided that no action shall be commenced under this
    sub-section after the expiry of seven years from the date of any act
    or omission referred to in this sub-section”.

    23. Though the constitution validity of amendment was upheld

    by the Division Bench of this Court in W.P.No.21100 of 2022 (H. Rajasekar

    vs. The Principal Secretary to Government, Chennai 9), dated 18.08.2022,

    the issue regarding the period of seven years, whether it is to be reckoned

    from the date of the Act or omission or from the date of detection, is pending

    consideration before the Larger Bench. Therefore, while upholding the

    constitutional validity of the amendment, the Division Bench has left open

    the question as to whether the first proviso to Section 87(1) of the Tamil

    Nadu Co-operative Societies Act, 1983, will have prospective or

    retrospective effect, which would be governed by the outcome of the

    judgment of the Larger Bench in Special Officer, S.1945, Madgondapalli

    Primary Agricultural Co-operative Bank Ltd. vs. The Deputy Registrar of

    Co-operative Societies, Krishnagiri Circle and Others [W.A. No. 1522 of

    2009] and connected batch. Therefore, the question of limitation has to be

    decided by the Larger Bench, as the issue is already seized by it, and we are

    not expressing any view on that aspect. However, on a plain reading of the

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    W.P(MD)No.14274 of 2020

    the Tamil Nadu Co-operative Societies Act, 1983, we answer the issue by

    holding that surcharge proceedings can be initiated against a retired

    employee.

    24. The Writ Petition may be listed before the appropriate Court

    for orders in accordance with the answer given by us in the reference.

    25. We also place on record our appreciation for the valuable

    assistance rendered by Mr. Issaac Mohanlal, learned Senior Counsel,

    Mr.M.Ajmal Khan, learned Additional Advocate General, Mr.H.Arumugam,

    learned counsel for the petitioner and Mr. Sunny Sheenakkara, learned

    counsel, who have brought to our notice various aspects of past legislations.

    
    
    
    
                                                        [N.S.K., J.] & [B.P.,J.] & [M.J.R., J.]
                                                                      27.04.2026
                      NCC : Yes
                      Index     : Yes
                      Internet  : Yes
                      vsm
    
    
    
    
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                                                                        N.SATHISH KUMAR, J.
                                                                                       and
                                                                            B.PUGALENDHI,J.
                                                                                      AND
                                                                           M.JOTHIRAMAN, J.
    
                                                                                              vsm
                      To
    
    

    The Deputy Registrar of Co-operative Societies,
    Madurai Range, Madurai.

    WP(MD)No.14274 of 2020

    27.04.2026

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