VELLORE DISTRICT CENTRAL COOPERATIVE BANK Vs. M GURUNATHAN

JUDGEMENT

(1.) The challenge in this intra-Court appeal is to the order of the learned Single Judge dated 20.07.2007 made in W.P.No.7326 of 2003, in and by which, the Writ Petition filed by the 1st respondent was allowed quashing the order of the Co-operative Tribunal, which in turn confirmed the order of the 2nd respondent made in surcharge proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983.

(2.) The chronology of events that led to the filing of the Writ Petition are as follows:-

(3.) The 1st respondent would further claim that he worked on the 2nd shift on 20.05.1989 between 12.00 noon and 4.00 p.m. The Branch Manager verified the cash and signed in the coin war Register. It is the further contention that the Branch Manager signed in the coin war Register only after fully satisfying himself with the cash amalgamation. The coin war Register was signed by the Manager and the Cashier and the Branch Manager kept the cash inside the cash chest in cash room and locked it. However, when the Branch was opened on 22.05.1989 since 21.05.1989 happened to be Sunday, it was found that the cash safe of the 2nd shift was open but no complaint was made immediately. When the 2nd shift employees came to the Bank, the complaint was made and after verification it was found that there was shortage of a sum of Rs.4,35,000/- and the same was missing from the Cash safe.