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2024 Supreme(Online)(MAD) 15178

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.VIJAYAKUMAR
THE DEPUTY REGISTRAR OF – Appellant
Versus
P. MALAYAPPAN – Respondent


ORDER

Both the revision petitions have been filed by the Deputy Registrar of Co-operative Societies challenging a common order passed by the Principal District Judge, Dindigul in CMA(CS).No.4 of 2016 and 43 of 2017 dated 17.01.2018.

(A)Facts leading to the filing of these revision petitions are as follows:

2.The first respondent was working as a Secretary in Thennampatti Primary Agricultural Co-operative Society. An enquiry was initiated under Section 81 of Tamil Nadu Co-operative Societies Act as against him by proceedings dated 29.06.2010. The enquiry report was submitted on 25.05.2011 with a finding that the Secretary along with others are jointly and severally liable to pay a sum of Rs.15,52,392/-.

3.Based upon the above said enquiry report, a surcharge notice was issued under Section 87 of the Tamil Nadu Co-operative Societies Act on 23.08.2011 indicating that the Secretary has caused financial loss to the Society under six heads. The Secretary had submitted his detailed explanation to the said notice. After giving due opportunity to the parties, a surcharge order came to be passed on 07.09.2015 fixing the liability upon the Secretary of the Society and others to an extent of Rs.

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