N.SATHISH KUMAR
Special Officer Dharmapuri District Central Co-operative Bank – Appellant
Versus
Kuppusamy – Respondent
The legal document pertains to a civil revision petition challenging surcharge proceedings initiated against the first respondent, who was the Branch Manager of a cooperative bank. The core issue revolves around whether the Manager acted with wilful negligence in approving a loan based on a certificate from an appointed Appraiser that the pledged gold was genuine.
Key points include:
Background of the Case: The first respondent was in charge of the bank for a limited period and approved a loan based on an appraisal report certifying the gold as genuine. Subsequently, it was discovered that the gold was feigned, leading to surcharge proceedings.
Findings of the Tribunal: The Tribunal held that the Appraiser's role was to identify genuine gold, and the Manager's reliance on the expert certificate did not constitute wilful negligence. The Tribunal also noted that Circulars, which set general guidelines, do not impose additional strict responsibilities on the Manager beyond relying on expert reports.
Order of the Appellate Court: The appellate authority reversed the surcharge, emphasizing the absence of evidence showing deliberate or negligent misconduct by the Manager. It also observed that the surcharge proceedings were barred due to delay, and the Manager's reliance on the Appraiser's certification was justified.
Legal Principles: The Court clarified that Circulars serve as general guidance and do not impose strict liability on managers when they act in good faith based on expert reports. The appointing of an Appraiser, an expert in gold valuation, indicates that it is their responsibility to verify the genuineness of the gold presented, and the Manager's role is to follow the procedure.
Conclusion: The Court dismissed the revision petition, affirming that there was no material to establish wilful negligence or deliberate misconduct on the part of the Manager. Reliance on expert certification, within the scope of his duties, absolves the Manager from liability under the relevant statutory provisions.
In summary, the Court emphasized the importance of reliance on expert reports, the limited scope of Circulars as guidance, and the necessity of establishing deliberate negligence to hold a Manager liable under surcharge proceedings.
JUDGMENT :
1. This civil revision petition has been filed as against the order of the District Co-operative Tribunal, wherein, the learned Principal District Judge has allowed the appeal filed by the first respondent herein, challenging the surcharge proceedings initiated against him under Section 87 of the Tamil Nadu Co-operative Societies Act, on the basis of the enquiry conducted under Section 81 of the Tamil Nadu Co-operative Societies Act.
2. Surcharge was levied as against the first respondent herein and one another Appraiser of the Primary Co-operative Society, on the basis of the enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act and surcharge order has been passed for recovery of a sum of Rs. 58,000/- as against the first respondent herein and one another. A challenge has been made against the surcharge proceedings by the first respondent herein.
3. The learned Principal District Judge, District Co-operative Tribunal, Dharmapuri, has allowed the appeal filed by the first respondent herein on the ground that there is absolutely no material available to hold that the first respondent herein has wilfully committed the act and that there was no wilful negligenc
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