(1.) THE Petitioner challenges the order of the Principal District Judge/ Cooperative Tribunal, Chengalpat, made in C.M.A.No.19/1995 [dated 30.11.1998], confirming the surcharge order of the first Respondent.
(2.) THE relevant facts could be stated thus THE Petitioner was appointed as a Clerk in the Second Respondent society in 1984. One G.C.Subramaniam was the Secretary and was in charge of the administration of the Society. On noticing irregularities in the management of the second Respondent Society, the first Respondent ordered statutory enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 [for short, TNCS Act]. Surcharge proceedings revealed that there were irregularities committed by writing false accounts to the tune of Rs.41,190.14, jointly both by the Writ Petitioner and the then Secretary Subramaniam, who died subsequently. THE Respondents 3 to 5 are the Legal Heirs of the deceased Subramaniam. In the surcharge proceedings, final order was passed on 30.07.1992 holding both the Writ Petitioner and the deceased jointly and severally liable for the loss sustained by the second Respondent Society and directing them to pay Rs.86,045.31 with interest at 18% p.a. THE Petitioner is said to have paid an amount of Rs.815.02.
(3.) ON behalf of the Petitioner, it was contended that the Petitioner was only a Clerk and that he acted as per the instructions of the then Secretary. Writing of false accounts was not confined to a a few instances, but persisted and spread out for a length of time. In a Cooperative Society, which is constituted for the benefit of its members, good conduct and honesty are the in-built essentials of the employees thereon. Though the Petitioner was appointed as Clerk, by the Secretary, the Society has reposed confidence in him. In a Cooperative Society dealing with money transactions, honesty and integrity are inseparable from the nature of the duty. ONly then the interest of the members of the Society could be promoted. The contention of the Petitioner that he acted only on the instructions of the Secretary cannot be countenanced.