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2.The brief facts which are relevant for better appreciation of the case are as follows:

2.1.The Petitioner was appointed as Office Assistant on compassionate ground in H.H.484 Alaganandal Primary Agricultural Co-

operative Bank as per G.O.Ms.No.131, Cooperation, Food and Consumer Protection Department, dated 04.06.1999 by proceedings dated 15.03.2007 of the Special Officer, H.H.484 Alaganandal Primary Agricultural Co- https://www.mhc.tn.gov.in/judis operative Bank. His salary was fixed at Rs.1500/-. Subsequently, his appointment was approved by the Deputy Registrar of Cooperatives, Thiruvannamalai vide proceedings bearing Na.Ka.7843/06, dated 06.10.2008 as per G.O.Ms.No.131, Co-operation, Food and Consumer Protection Department, dated 04.06.1999. The Petitioner was a Graduate on the date of appointment. He had acquired degree in B.Sc., (Computer Science) from Thiruvalluvar University as on 28th November, 2007. Subsequently, he had acquired Diploma in Co-operative Management from the Institute of Cooperative Management, Thiruvannamalai, in the year 2008-2009. Subsequently, he had obtained M.Com., (Co-operative Management) from Annamalai University. The Special Officer of H.H.484 Alaganandal Primary Agriculture Co-operative Bank in its Board Meeting decided to promote the Petitioner Dhananchezhian as Clerk by a resolution of the Board Meeting through the proceedings of the Special Officer of H.H.484 Alaganandal Primary Agricultural Co-operative Bank Mr.Annamalai, as per G.O.Ms.189, Co-operation, Food and Consumer Protection Department, dated 17.11.2009 and Section 18 (1) by the bye- laws of Society specifically stating that even though the Petitioner was appointed as Office Assistant, he had been continuously working for three https://www.mhc.tn.gov.in/judis years and he having qualified as Diploma in Co-operative Management and B.Sc., in Computer Science, he is eligible for promotion as Clerk and considering the work burden and the financial position of H.H.484 AAlaganandal Primary Agricultural Co-operative Bank. The Special Officer having the power to consider all relevant materials had promoted him along with two other staff members viz., A.Devasenathipathi and Krishnamurthy as Secretary and Fertilizer Salesmen respectively. Subsequently, the Deputy Registrar of Co-operative Societies of Thiruvannamalai had on inspection found out that the staff concerned viz., Krishnamurthy and Devasenathipathy and the Petitioner herein viz., A.Dhananchezhian having been granted increase in pay by the proceedings of the Special Officer, H.H.484 Alaganandal Primary Agricultural Cooperative Bank thereby caused loss to the tune of Rs.3,10,704/- to H.H.484 Alaganandal Primary Agricultural Co-operative Bank thereby ordered enquiry under Section 81 of the Cooperative Societies Act. On the basis of the enquiry report, the Deputy Registrar issued surcharge proceedings under Section 87(1) of the Tamil Nadu Co-operative Societies Act vide proceedings bearing Tha.Thee.09/2014-15/Na.Ka.5569/2014 Sa.Pa., dated 04.12.2014. The Petitioner was issued with a show-cause https://www.mhc.tn.gov.in/judis memo seeking explanation for his role in causing loss to H.H.484 Alaganandal Primary Agricultural Co-operative Bank. The Petitioner had offered his explanation. As per explanation dated 21.01.2015 stating that he had carried out the work of the Clerk in H.H.484 Alaganandal Primary Agricultural Co-operative Bank as per the order of the Special Officer. He had not caused any loss to H.H.484 Alaganandal Primary Agricultural Co- operative Bank. His explanation was not accepted and he was imposed with penalty of surcharge proceedings directing him to pay back a sum of Rs.61,727/- received by him towards salary as Clerk beyond his salary as Office Assistant. Aggrieved by the same, the Petitioner herein had preferred appeal before the learned Principal District Judge, Thiruvannamalai as Appellate Tribunal under the Co-operative Societies Act. The Petitioner had filed CTA No.10 of 2015 before the Principal District Judge, Thiruvannamalai agitating his grievance by way of appeal under the Cooperatives Societies Act. The learned Principal District Judge had dismissed the appeal in CTA No.10 of 2015 as per the judgment dated 14.12.2019. Therefore, the Petitioner had approached this Court under Article 227 of the Constitution of India to set aside the surcharge proceedings.

7. The Special Officer of the Society is empowered to take administrative action as per the Co-operative Societies Act. According to the financial stability of the society and work load of the society, the Petitioner having been promoted as Clerk from 01.01.2011, was qualified for that Post and that was also taken into consideration by the Special Officer concerned. He had performed the duties allotted to him to the satisfaction of the superiors. He was paid the scale of pay payable to the Post of Clerk. The Petitioner herein had not canvassed for the promotion. The Petitioner herein had not mis-represented or played fraud with the Society by producing false certificate or fraudulent certificate. He had obtained degree by his hard work and he had furnished those degrees as his qualifications at the time of joining the Post. The Special Officer had taken into consideration the work load of the society, man power shortage of the society and financial stability of the society, the person who was in service https://www.mhc.tn.gov.in/judis of the Society can take up the responsibilities when they are promoted. The Special Officer has power to do so. The Original Authority was pleased to pass the surcharge proceedings against the Petitioner for recovery of a sum of Rs.40,889/-. The Appellate Authority/learned Principal District Judge, Thiruvannamalai, on appeal by the Petitioner, has confirmed the Order of the Original Authority and dismissed the Appeal in CTA.No.10/2015. Aggrieved by the same, the Petitioner had approached this Court under Article 227 of Constitution of India seeking to set aside the Order passed by the learned Principal District Judge, Thiruvannamalai as Appellate Authority under the Tamil Nadu Co-operative Societies Act, Thiruvannamalai in CTA.No.10/2005 dated 14.12.2019 and also to set aside the Order passed by the Original Authority in Na.Ka.No.5569/2014 Sa.Pa dated 01.06.2015.

In the result, this Civil Revision Petition is allowed by invoking powers of this Court under Article 227 of Constitution of India, it warrants interference in the finding of the learned Principal District Judge, Thiruvannamalai as Appellate Authority under the Co-operative Societies Act. Therefore, the Order passed by the learned Principal District Judge, Thiruvannamalai dismissing the Appeal of the Petitioner herein is set aside. The amount of Rs.25,000/- (Rupees Twenty Five Thousand only) already deposited by the Revision Petitioner in the light of the direction of this Court at the time of admission of Civil Revision Petition is to be returned to the Petitioner by the Respondents 1 and 2 within a period of one month from the date of receipt of a copy of this order. No Order as to costs. https://www.mhc.tn.gov.in/judis Consequently, connected Miscellaneous Petition is closed. No costs.

06.04.2023 dh Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking Order To

1.The Principal District Court/ Appellate Tribunal under the Co-operative Societies Act, Thiruvannamalai,

2. The President, H.H.484 Alaganandal Primary Agriculture Co-operative Credit Society, Thiruvannamalai Taluk and District.