LAWS(MAD)-2010-5-50

K R PALANISWAMI Vs. COOPERATIVE SOCIETIES SPECIAL TRIBUNAL

Decided On May 05, 2010
K.R.PALANISWAMI Appellant
V/S
SPECIAL OFFICER Respondents

JUDGEMENT

(1.) The Appellant/Petitioner has filed these Writ Appeals as against the orders dated 11.12.2008 passed in W.P.Nos.10424 and 10425 of 2009.

(2.) The Learned single Judge while passing orders in W.P.Nos.10424 and 10425 of 1999 had among other things observed that 'The Tribunal recorded a clear finding that the Petitioner has caused loss to the Society and despite opportunities were granted, he has not submitted his explanation and was repeatedly taking adjournments and his defence was not accepted by the Tribunal. Even before this Court, the Petitioner had tried to contend elaborately that he was not responsible for the loss or that the procedure followed by him was the same as the earlier procedure followed by everyone, which cannot be accepted and found that there was no violation of the principles of natural justice or any perversity of finding by the Tribunal in confirming the order of the Deputy Registrar, etc., and further was not inclined to go into the merits of the case as if this Court was a further Appellate Authority constituted under the Act and resultantly, dismissed the writ petitions.'

(3.) According to the Learned counsel for the Appellant/Writ Petitioner, the Learned single Judge had not considered the case of the Appellant in a proper perspective and in fact, he had not considered the grounds raised by him in a proper perspective. Moreover, the Original Authority as well as the Appellate Tribunal had not appreciated the defence of the Appellant properly, when in the enquiry proceedings none of the original documents were supplied to substantiate the charge levelled against the petitioner but only xerox copies were produced and not acceptable reasons were adduced for non production of the original documents.