A. DHARMAR (DIED) AND OTHERS Vs. SPECIAL TRIBUNAL

JUDGEMENT

(1.) The above Civil Revision Petition has been filed by one A.Dharmar (since deceased), who was working as a Senior Inspector in the office of the Deputy Registrar of Co-operative Societies, Madurantakam against the surcharge order passed by the 2nd respondent herein dated 31.10.2005.

(2.) The facts in brief are that the said Dharmar, while he was working as a Special Officer at Payyanur Primary Agricultural Cooperative Bank (hereinafter referred to as "Payyanur Society") from 12.09.2002 to 17.05.2005, had deposited a sum of Rs. 9,20,000/- from Gordon Woodroffe Employee Co-operative Thrift and Credit Society (hereinafter referred to as "the Woodroffe Society") in which the said Dharmar was also a Special Officer from 01.08.2002 to 18.10.2004. On 10.05.2005, the 2nd respondent had initiated surcharge proceedings under Section 87 (1) of the Tamil Nadu Co-operative Societies Act, 1983, against the said Dharmar alleging that he had caused wrongful loss to Payyanur Society to the tune of Rs. 9,20,000/- as he had transferred the said sum from Woodroffe Society without the permission of the 2nd respondent which was in total violation of the provisions of Rule 79 of the Tamil Nadu Co-operative Societies Rules, 1988 (hereinafter referred to as the Rules) as also the Circular of the Registrar dated 03.01.2002. The appellant, who was called upon to submit his explanation vide surcharge notice dated 10.05.2005, had submitted his explanation on 03.10.2005 denying the charges levelled against him.

(3.) On 31.10.2005, the 2nd respondent found him guilty of causing loss to Payyanur Society and consequently, directed him to repay the sum of Rs. 9,20,000/- to Payyanur Society together with interest at the rate of 18% per annum from the date of receipt of deposits to the date of payment. This order was challenged by the said Dharmar under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as the Act) before the 1st respondent herein. The 1st respondent by its order dated 15.06.2007 confirmed the order of the 2nd respondent and aggrieved by this order, the said Dharmar had filed the present Civil Revision Petition.