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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. P.T. Asha, J
M.R.Manickam – Appellant
Versus
The Deputy Registrar of Co-operative Societies – Respondent
| Table of Content |
|---|
| 1. audit findings leading to surcharge. (Para 3 , 4) |
| 2. arguments on procedural errors and responsibilities. (Para 5 , 6) |
| 3. court's conclusion on negligence and wilfulness. (Para 8) |
| 4. liability remains for actions taken during tenure despite retirement. (Para 9) |
O R D E R
The petitioner who was the appellant before the Principal District Court, Namakkal in CMA C.S.No.13 of 2008 is the revision petitioner before this Court.
2. The facts necessary for disposing of the CRP is hereinbelow set out:-
3. The petitioner had worked as a Secretary in the 3rd respondent Society. In an audit conducted for the year 2005-2006, it was found that the funds of the society were deposited in violation of the provisions of Section 68 of the Tamil Nadu Cooperative Societies Act (herein after referred to as the "Act"). On the basis of this auditing report, the 1st respondent by order dated 05.04.2007 had directed an enquiry to be conducted. The Enquiry Officer had found that the fixed deposit of Rs.10,00,000/- which had been placed with the 2nd respondent society and was due to mature on 15.12.2004, was not redeemed on its maturity date. Instead, it was redeemed only on 20.11.2007, resultin
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