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L. VICTORIA GOWRI
G. Nagarajan – Appellant
Versus
Special Officer, Tiruchirapalli, Agricultural Department Officers Credit & Thrift Society, Trichy – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the civil revision petition by setting aside the order passed in C.M.A(CS)No.88 of 2009 dated 08.10.2012 confirming the order passed in Na.Ka.6268/2008/saba dated 22.04.2009 by Deputy Registrar of Co-operative Societies, Tiruchirappalli dated 22.04.2009.)
1. This Civil Revision Petition has been preferred against the judgment and decree passed in C.M.A(CS)No.88 of 2009 dated 08.10.2012 confirming the order passed in Na.Ka.6268/2008/saba dated 22.04.2009 by the Deputy Registrar of Co-operative Societies, Tiruchirappalli. For the sake of convenience, the parties herein are referred to as arrayed in C.M.A(CS)No.88 of 2009.
2. Heard the learned Counsel on either side and perused the materials available on record. The learned counsel for the petitioner took me through the various grounds of this Civil Revision Petition.
3. The Petitioner / Appellant, one G.Nagarajan is the former Clerk of the first respondent Society. One K.Varadharajan is the former Vice President of the Society. On the basis of Section 81 audit report of the year 1997-1998 that there were irregularities and misappro
The main legal point established in the judgment is that surcharge proceedings must adhere to prescribed time limits, and liability cannot be imposed on an employee without establishing specific duti....
Liability under Section 87 of the Tamil Nadu Cooperative Societies Act requires evidence of wilful negligence, which was not established for the clerk in this case.
Point of law: it is clear that, to pass surcharge order under Section 87 of the Act, appellants should have done an actionable wrong either by commission or omission in a deliberate and reprehensible....
Mere negligence in discharging duties does not warrant the initiation of Surcharge Proceedings under the Co-operative Societies Act.
Surcharge proceedings under the Tamil Nadu Co-operative Societies Act must adhere to principles of natural justice, ensuring fair enquiry and opportunity for cross-examination.
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