ORDER

When the matter came up for hearing, it is submitted by the learned counsel appearing for the petitioner that arising out of the same proceedings, in respect of one J.Jayakumar, the connected Civil Revision petition in C.R.P.No.4618 or 2024 has been allowed.

2. When the charge pertains to the recovery of loan amount and there is no allegation with reference to misappropriation, this Court, after considering the very same charge in respect of the manager, concluded that there was no willful negligence or deliberate act. Therefore, the loss cannot be recovered through surcharge proceedings. The relevant portions of the said order from paragraph No. 6 to 10 are extracted here under:-

“6. As against the petitioner, enquiry was conducted under Section 81 of the Co-operative Societies Act on the ground that, after sanctioning of loan to the small traders, he has not taken any steps to recover the amount in time from the borrowers. It is not disputed that the revision petitioner was working as Branch Manager from 01.12.2011 to 31.08.2016 and during his tenure, he had sanctioned Small Traders loans to the tune of Rs.4,80,575/- to six persons and thereafter, he was transferred to the fou