COMMON ORDER

These Civil Revision Petitions have been filed by the revision petitioners to set aside the orders passed in C.M.A.CS.Nos.8 and 9 of 2009, dated 08.12.2014 on the file of the learned Principal District Judge, Tirunelveli, confirming the surcharge case No.15 of

2003-04 dated 30.12.2008 by the Deputy Registrar of Co-operative Societies, Tirunelveli.

2.For the sake of convenience, the parties are referred to as their rank in surcharge case No.15 of 2003-04.

3.The Plaintiff/Deputy Registrar, Co-operative Societies initiated surcharge proceedings in S.C.No.15/2003-2004 as against the first defendant and 11 others and held that the first defendant along with 4, 5, 7, 8, 9, 10, 11 and 12 defendants have misappropriated an amount to a tune of Rs.58,47,600/-, 1, 2, 4, 5, 7, 8, 9, 10, 11 and 12 defendants to the tune of Rs.53,00,000/-, 1, 2 and 3 defendants to the tune of Rs.9,54,000/- and 1 and 3 defendants to the tune of Rs.27,16,000/- and in total to the tune of Rs.1,00,47,600/- are liable to pay with prevailing interest to the Societies.

4.Aggrieved by the order passed by the plaintiff, the first defendant/Kartheesan preferred C.M.A(CS)No.8 of 2009 and the third defendant/S.S.Rajeswari preferred C.M.A(CS)No.9 of 2009 on the file of the Principal District Court, Tirunelveli. The said C.M.A(CS)Nos.8 and

9 of 2009 were dismissed, confirming the order of the plaintiff.

5.Challenging the order passed in C.M.A(CS)No.8 of 2009, the first defendant/Kartheesan preferred C.R.P(MD)No.604 of 2015 and the order passed in C.M.A(CS)No.9 of 2009, the third defendant/S.S.Rajeswari preferred C.R.P(MD)No.4549 of 2015.

6.The case of the first defendant/revision petitioner in C.R.P(MD)No.604 of 2015 is as follows:-

6.1.The first defendant was serving as a Clerk in A.237, Tirunelveli District General Employees Co-operative Thrift and Credit Society Limited, Kokkirakulam, Tirunelveli and at no point of time, he worked as a Secretary. There is no Secretary post in the bye-laws of the aforesaid Society. By all means, there was no sanction for the post of Secretary in the Society by the order of the Joint Registrar of the Co-operative Societies. On the basis of Section 81 enquiry, which was initiated as against the first defendant surcharge proceedings under Section 87 were also initiated as against the first defendant, wherein the charges as against him were that while he was working as a Secretary in the Co-operative Thrift and Credit Society Limited, Kokkirakulam, he along with 11 other persons had misappropriated several amounts to the tune of Rs.1,00,47,500/-. As such under Section 81 enquiry, he was found to be guilty of committing such misappropriation, as a result of which, Section 87 proceedings were also initiated along with others fastening liability on the first defendant. Without considering the fact that as per the bye-laws, no Secretary post was mandated and when the first defendant worked as a Clerk, the surcharge proceedings proceeded against the first defendant as the Secretary of the aforesaid Co-operative Thrift and Credit Society Limited, Kokkirakulam. The Deputy Registrar did not give sufficient opportunity to cross-examine the enquiry officer, on whose report Section 87 surcharge proceedings were initiated. In the absence of the findings of the enquiry officer that the first defendant had been wilfully negligent in performing his duty to attract wilful negligence, misappropriation or guilt on breach of trust or causing any deficiency in the assets of the Society by breach of trust, the plaintiff had no jurisdiction, power and authority under Section 87 to initiate surcharge proceedings against the first defendant. While the first defendant actually served as a Clerk, wherein all the other persons against whom surcharge proceedings were initiated along with the first defendant were superior officers, there is no probability of incurring any loss to the said Society on the instance of the first defendant, since he worked under the