T RENGARAJAN Vs. V RAMACHANDRAN

JUDGEMENT

(1.) Tamil Nadu Co-operative Marketing Federation Limited(TANFED) is a state level co-operative body. It supplies various kinds of fertilizers to the farmers at a subsidized price through its regional offices which function in the various districts. The fertilizers are sent to Primary Co-operative Societies from where the farmers get their fertilizers.

(2.) Tanfed is having a regional office at Pudukottai. From Pudukottai godown, it was made to appear as if several metric tons of fertilizers were despatched to some Primary Co-operative Societies. But actually no such consignments were sent. Bills were fabricated as if such consignments were sent. As a result, loss to the tune of Rs. 41,80,727.50/- had taken place.

(3.) In this regard, an enquiry under Section 81 of the Tamil Nadu Co- operative Societies Act 1983, was conducted. That was followed by initiation of surcharge proceedings. The TANFED management took the stand that the godown keeper Thiru.K.Duraisamy, Regional Manager Thiru.S.Ramachandran and internal Auditor Thiru.T.Rengarajan were responsible for this loss. After holding the enquiry in terms of Section 87 of the Tamil Nadu Co-operative Societies Act 1983, an order of surcharge was passed on 11.02015 fastening the liability on all the aforesaid three individuals jointly and severally. Aggrieved by the aforesaid order of surcharge, the Revision petitioner herein filed C.M.A.(CS)No.2 of 2015 before the Principal District Judge, Pudukottai. The Co-operative Tribunal by order dated 18.01.2017 dismissed the appeal filed by the Revision petitioner herein. Aggrieved by the same, this Civil Revision petition has been filed.