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S. M. SUBRAMANIAM, C. KUMARAPPAN
Deputy Registrar of Co-operative Societies – Appellant
Versus
P. Veeran – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order of the learned Judge made in WP.No. 10 of 2010 dated 24.07.2014.
1. The common facts involved in the Writ Appeals and the Writ Petitions are that surcharge proceedings are initiated against the employees of the Primary Co-operative Banks and the employees of the Central Co-operative Bank. A show cause notice under sub-section (1) to Section 87 of Tamil Nadu Co-operative Societies Act, 1983 was issued calling upon explanation from the employees regarding the financial loss occurred to the Co-operative Societies. On receipt of explanations, the Deputy Registrar of Co-operative Society/Competent Authority conducted an enquiry and passed final surcharge orders under Section 87 of the Act. The said order issued under Section 87 came to be challenged by way of an appeal under Section 152 of the Act before the Special Tribunal for Cooperative Societies/learned Principal District Judge. The Appellate Court allowed few cases and in other cases, the surcharge orders are confirmed. Challenging the said orders, writ petitions came to be instituted. The writ petitions are tagg
Liability in surcharge proceedings must be determined based on individual employee involvement during the relevant period, not collectively.
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....
Disciplinary actions must be proportionate to the misconduct, and arbitrary termination without fault is impermissible.
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....
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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