RAMALINGAM Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner has filed the present writ petition, seeking to challenge the order of the first respondent Cooperative Tribunal, Cuddalore made in CMA No.80 of 2005, dated 19.7.2007, by which it had confirmed the order passed by the second respondent, dated 31.12.2002. The writ petition was admitted on 19.2.2008. Pending the writ petition, this court granted an interim stay after recording the statement of the counsel for the petitioner that there was no financial loss caused to the society and the property was with the society and the irregular appointees are continued to be in service.

(2.) Heard the arguments of Mr.C.R.Krishnamoorthy, learned counsel appearing for the petitioner, Mr.N.Senthilkumar, learned Additional Government Pleader for second respondent and Mr.R.Parthiban, learned counsel for third respondent.

(3.) The petitioner, who was a former President of the third respondent society, was issued with surcharge proceedings pursuant to an enquiry conducted under Section 81(1) of the Tamil Nadu Cooperative Societies Act. A notice, dated 1.4.2002 under Section 87 was given to the petitioner. After conducting an enquiry, it was found that in respect of two items, the petitioner along with other Board of Directors in collusion with the Secretary and employees of the society caused total loss of Rs.9,21,055/-.