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S. SOUNTHAR
S. Saraswathi – Appellant
Versus
Deputy Registrar of Co-operative Societies (Dairying) – Respondent
ORDER :
(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the C.T.A.No.09/2015, on the file of the Principal District Munsif cum Special Tribunal for Co-operative Society Cases, Vellore, dated 26.04.2017 in partly allowing 02/2014-2015, on the file of the Deputy Registrar of Co-operative Societies (Dairying), dated 10.06.2015, is even otherwise illegal, incompetent.)
1. These Civil Revision Petitions are filed challenging the order passed by the Co-operative Special Tribunal, Vellore. The Civil Revision Petition Nos.1799 to 1806 of 2023 are filed by the Vellore-Tiruvannamalai District Milk Producers Co-operative Union Limited and the Deputy Registrar of Co-operative Societies (Dairying Vellore). The other Civil Revision Petitions are filed by the delinquent employees.
2. For the sake of convenience, the petitioners in CRP.No.1799 to 1806 of 2023 are referred to as petitioners in this order. The petitioners in other revisions who are the delinquent employees are referred to as respondents in this order.
3. The first petitioner herein by his letter on 14.06.2014 requested the second petitioner to enquire into the irregularities in the
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....
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....
To impose surcharge under Section 87, there must be a finding of wilful negligence characterized by reckless disregard for consequences, not merely inadvertent acts.
The main legal point established in the judgment is the importance of affording reasonable opportunity to the parties concerned in surcharge proceedings under the Tamil Nadu Co-operative Societies Ac....
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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