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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D.BHARATHA CHAKRAVARTHY
E.S. Sundaramahalingam (Died) – Appellant
Versus
Deputy Registrar of Co-operative Societies – Respondent
| Table of Content |
|---|
| 1. enquiry findings on fraud and responsibility. (Para 1 , 2 , 3) |
| 2. arguments on liability and duty of jewel appraiser. (Para 5 , 6) |
| 3. counterarguments from respondent on collusion. (Para 7) |
| 4. court's assessment of evidence and responsibility. (Para 8 , 9) |
| 5. surcharge liability and negligence considerations. (Para 10) |
| 6. modification of interest rate; final orders. (Para 11 , 12) |
ORDER :
D. BHARATHA CHAKRAVARTHY, J.
1. This civil revision petition is directed against the fair and decreetal order of the Co-operative Appellate Tribunal, dated 20.02.2003 in C.M.S(C.S)No.109 of 1999.
2. The brief facts relevant to the disposal of the civil revision petition are that the petitioner E.S.Sundaramahalingam was working as the Secretary to Valliyoor Cooperative Primary Agricultural Rural Development Bank, Panagudi, Tirunelveli District. While so, upon an enquiry conducted under Section 81 of the Co-operative Societies Act, it was found that the petitioner herein being the Secretary of the Society and Ponniah being the Supervisor of the Society and one Ayyakutti @ Manoharan as the Jewel Appraiser of the Society have conspired together and created records as if jewel loans were di
The Secretary of a cooperative society bears responsibility for financial disbursements, even in cases of fraudulent activity by others, sustaining civil liability despite criminal acquittal.
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 appellate authority under the Tamil Nadu Shops and Establishments Act has jurisdiction to entertain appeals from employees of co-operative societies governed by the Tamil Nadu Co-operative Societ....
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....
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.
Negligence in managerial duties regarding loan approvals can constitute gross misconduct under cooperative society regulations, regardless of technical expertise.
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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