DEPUTY REGISTRAR OF CO-OPERATIVES Vs. R.KRISHNAMOORTHY

JUDGEMENT

(1.) The respondent was employed as a Manager in Tamil Nadu State Transport Corporation Employees Co-operative Stores from 01.01.1983 onwards. While so, the revision petitioner herein initiated a surcharge proceeding against the respondent and other employees of the Store under Section 87 of the Tamil Nadu Co-operative Societies Act. According to the revision petitioner, when the Co-operative Store was audited during 1996-1997, it was found that there was a shortage in the provisional store area and textile area and the shortage is worth about Rs. 1,60,013.10. The revision petitioner has fastened the liability on the respondent for a sum of Rs. 13,996.70/- by the proceedings dated 26.04.2006, under Section 87 of the Tamil Nadu Co-operative Societies Act. The same was questioned before the Co-operative Tribunal (Principal District Judge, Thanjavur) by way of appeal in C.M.A. No. 37 of 2006 under Section 152 of the Tamil Nadu Co-operative Societies Act, by the respondent. The learned Principal District Judge, Thanjavur allowed the appeal on 23.06.2011. This Revision petition is against the order dated 23.06.2011 in Appeal No. 37 of 2006.

(2.) Heard the learned Government Advocate appearing for the petitioner.

(3.) The learned Government Advocate has vehemently contended that the respondent committed negligence and thereby caused a loss of Rs. 1,60,013.10. The liability was apportioned and the respondent is liable to pay a sum of Rs. 13,996.70. Therefore, there was no infirmity in the order of the petitioner dated 26.04.2006, issued in surcharge proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act.