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2009 Supreme(Mad) 3065

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR
A. Janakiraman & Another – Appellant
Versus
Deputy Registrar of Co-operative Societies, Kumbakonam & Another – Respondent


Advocates Appeared:
For the Petitioners:S. Muthuramalingam, Advocate.
For the Respondent: K. Balakrishnan, Additional Government Pleader.

Judgment :

The prayer in this writ petition is to quash the order made in C.M.A. No. 26 of 1998 dated 37. 2000 on the file of the second respondent, confirming the order of the first respondent dated 2. 1998, initiating surcharge proceedings against the petitioners under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983.

2. The case of the petitioners is that they are working as Junior Assistants in the Cooperative Stores of Cholan Roadways Corporation Employees Co-Operative Society, which is a Consumer Co-operative Society, in the said society, one Manager, three Assistants, four Junior Assistants, five Salesmen and two Security Guards are employed. The Manager and three Assistants are Higher cadre officers than the petitioners. There is one Assistant in-charge of the Godown, who is called the Godown Keeper. The sale transactions in the Society are made mostly on credit basis. The sale amount will be recovered from the monthly salary of the employees concerned by the Transport Corporation Officials and debited from the employees’ account. According to the petitioners, there was no resolution passed by the Board that the petitioners should manage the Godown. The petition























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