G. MUTHUKRISHNAN Vs. DEPUTY REGISTRAR OF CO

JUDGEMENT

(1.) The Civil Revision Petition is filed against the judgment and decree dated 17.04.2009 made in Co-op.C.M.A.No.21 of 1995 on the file of the Co-operative Tribunal (Principal District Court), Villupuram, confirming the surcharge order dated 07.02.2005 in Na.Ka.No.3670 of 2004 Sa. pa, passed by the Deputy Registrar of Co-operative Society (Housing), Cuddalore.

(2.) The petitioner was working as a Secretary in Gingee Cooperative Housing Societies, Villupuram District. An Inspection and investigation of affairs of the said Society was ordered. After inspection and investigation, it was found that various excess payments were made to the petitioner and caused loss to the society by the employees. Even though various excess payments were made, only two items of loss are the issues to be decided in the Civil Revision Petition.

(3.) As far as first item is concerned, on superannuation, the petitioner was paid a sum of Rs. 1,39,020/- as gratuity. In the report filed after inspection and investigation, it is stated that the petitioner is entitled to only for a sum of Rs. 1,27,313/- as gratuity as per the bye-laws. A sum of Rs. 11,707/- was paid in excess to the petitioner. As far as second item is concerned, the petitioner is entitled to encashment of leave for 129 days, whereas he was paid a sum of Rs. 49,624/- for 240 days. Based on the report, proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983, was initiated.