R.BANUMATHI
G. Pannerselvam & Others – Appellant
Versus
The Deputy Registrar of Co-operative Societies, Dharmapuri Circle, Dharmapuri & Others – Respondent
These Writ Petitions are filed challenging the enquiry report dated 30.08.2004 and Surcharge notice dated 112. 2007 and the Surcharge order passed on 25. 2008 for the alleged loss caused to the 2nd Respondent – Ettimarathupatti Primary Agricultural Co-operative Bank by omissions and commissions to the tune of Rs.1,00,32,150.97.
2. Second Respondent – Ettimarathupatti Primary Agricultural Co-operative Bank borrows money from State Central Co-operative Bank and lends money to agriculturists. On Petitions from the public and on the proceedings of the then Dy. Registrar of Cooperative Societies, Dharmapuri Circle, Sec.81 enquiry was ordered under Na.Ka.3070/03 Tho.Va dated 23. 2003. During enquiry several instances of falsification of accounts, creation of forged records and misappropriation were found by the Enquiry Officer. Enquiry Officer started her enquiry on 23. 2003 and two extensions on 26. 2003 and on 29. 2003 were granted to her. Enquiry Officer completed her enquiry on 212. 2003 and submitted her report on 01. 2004. Enquiry Officer found 8 employees of the Bank viz., Writ Petitioners, Kumarasamy, Mohan, Special Officer and Raju, H/o.Minerva (Petitioner in W.P.No.1
1. Besant Kumar Sarkar v. Eagle Rolling Mills Ltd. AIR 1964 SC 1260
2. Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke (1976) 1 SCC 496 : 1976 SCC (L&S) 70
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6. T.V.Usman vs. Food Inspector
8. M.S.Munivenkatappa v. State Bank of India, rep. by its Chief General Manager
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12. Hindustan Steel Works Construction Ltd. v. Employees Union (2005) 6 SCC 725 : 2005 SCC (L&S) 899
14. Senthil Kumar v. Co-operative Tribunal (Principal District Judge)
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