The learned counsel for the petitioner would fairly stated that the surcharge order passed against the petitioner has been settled by the other erring officials in compliance to the surcharge order passed by the respondents. Therefore, there is no balance due amount has to be recovered from the petitioner.
2. The learned counsel for the respondent society would submit that the aforesaid amount has been recovered from the erring officials but, however, still there is a balance due to be paid to the respondent society. Therefore, there is a dispute to settle the dues to the society. Hence, the same shall be decided by the Tribunal by producing necessary documents, by way of memo of calculation and necessary documents.
3. In view of the above, the impugned order passed by the Tribunal is set aside, remanded to the Tribunal, only to the aforesaid extent, to decide, any balance amount due to be payable by the petitioner to the respondent society, as submitted by the learned counsel for the parties before this Court.
4. Accordingly, this writ petition stands allowed with the above directions, directing the 1st respondent Tribunal to dispose of the appeal to the aforesaid extent alone as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order, after providing opportunity to the parties concerned. The remaining portion of the judgment and decree is unaltered, except the above said direction in the writ petition. No costs. Consequently, connected miscellaneous petition is closed.
12.09.2017 Index:Yes/No Internet:Yes/No ssn To
1. The Co-operative Tribunal Cuddalore District, Cuddalore.
2. The Deputy Registrar of Co-operative Societies, Pudupalayam Main Road, Cuddalore.
3. The Special Officer, Pudupalayam PACB (Primary Agricultural Co-operative Bank) Ltd., Pudupettai Post, Pudupettai Taluk, Cuddalore District.
D.KRISHNAKUMAR, J., ssn W.P.No.39198 of 2005 and W.V.M.P.No.131 of 2008 12.09.2017