Back
V. LAKSHMINARAYANAN
R. Moorthy – Appellant
Versus
Deputy Registrar of Cooperative Societies Tiruvannamalai – Respondent
ORDER :
Prayer : Civil Revision Petition under Article 227 of the Constitution of India to set aside Judgment and Decree passed by the Cooperative Tribunal cum Principal District Judge Tiruvannamalai dated 29-01-2019 in CMA-CS No.07/2019.
1. This Civil Revision Petition arises against the order passed in C.M.A.(CS) No.7 of 2018 on the file of the Cooperative Appellate Tribunal-cum-Principal District Judge at Tiruvannamalai dated 29.01.2019 in confirming the order of the Deputy Registrar of Cooperative Societies, Tiruvannamalai in Tha.Thi.No.5/2005/2006 (Na.Ka.No.4464/2004) dated 28.08.2006.
2. The facts leading to this revision are, the second respondent before me was formed for the purpose of welfare of the employees of the Police Department in the District of Tiruvannamalai. It was serving employees by giving loans with or without security in the form of jewels, purchase of consumer items etc. The civil revision petitioner was working as a writer/clerk in the second respondent society. He was initially appointed with effect from 31.12.1997. During the relevant time ie., between 1999 to 2001, the Society was in the management and control of one G.Ravichandran, the President of the So
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....
A report under Section 81 of the Tamil Nadu Cooperative Societies Act is merely for internal review and does not necessitate formal issuance; non-issuance does not violate principles of natural justi....
The court emphasized the need for proper authorization and approval for the waiver of outstanding loans and highlighted the power of superintendence of the High Court under Article 227 of the Constit....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
