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1976 Supreme(Mad) 625

S.MOHAN
S. Venkataraman – Appellant
Versus
The Deputy Registrar of Co-operative Societies, Thanjavur and others – Respondent


Advocates:
R. Krishnamoorthy, for Petitioner.
N. R. Chandran, for Government Pleader, for First Respondent.
R. G. Rajan, for Third Respondent.

Order.-This writ petition is filed to quash the order of the first respondent (Deputy Registrar of Co-operative Societies, Thanjavur) made in R.C. No. 16758/68-E dated 3rd April, 1970 as confirmed by the second respondent (The Cooperative Tribunal (District Judge), West Thanjavur) in C.M.A. No. 1 of 1971 dated 15th October, 1974.

2. The petitioner herein is the Co-operative Sub-Registrar and he was serving in that capacity during the period from 25th December, 1965 to 21st January, 1968 in the third respondent society. Under section 65 of the Tamil Nadu Co-operative Societies Act (hereinafter referred to as the Act), an enquiry was conducted into the affairs of the Society. On 19th September, 1969 the first respondent issued a notice under section 71 (1) of the Act calling upon the petitioner to show cause why an order of surcharge should not be passed against him for the loss of Rs. 26,000 and odd. The petitioner submitted an explanation on 29th November, 1969 contending that the person in charge of the assets and other stocks, cash etc., of the Society was the President. But one of the foremost contentions was that the Department was not entitled to place reliance upon the stateme







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