This civil revision petition is directed against the fair and decreetal orders, dated 07.09.2006, made in C.M.A.(CS)No.80 of 2004, on the file of Principal District Court, Madurai, reversing the order passed in the Surcharge Proceedings, in Tha.No.10/2003/G, dated 30.06.2004, by the Assistant Director of Handlooms and Textiles, Madurai.
2. It is found that surcharge proceedings were initiated against the respondent and others by the petitioner in respect of the amount involved in the same and accordingly, the respondent had been held liable to pay the amount involved in the matter and accordingly, suffered an order in the surcharge proceedings concerned. Impugning the order of Enquiry Officer in the surcharge proceedings, it is found that the respondent as well as others placed in similar position preferred various civil miscellaneous appeals before the Appellate Authority and by way of a common order, the Appellate Authority had allowed the appeals on the question of limitation and accordingly, set aside the order of the petitioner in the surcharge proceedings. Impugning the same, the present civil revision petition has been laid.
3. At the time of arguments, it is represented by the learned Additional Government Pleader appearing for the petitioner as well as the learned counsel appearing for the respondent that in respect of the common order passed by the Appellate Authority in the other connected civil miscellaneous appeals, civil revision petitions have been preferred and the same have been disposed of by this Court and it is stated that the order of the Appellate Authority had been set aside and the matter had been remitted back to the Assistant Director of Handlooms and Textiles, Madurai, to dispose of the matter in accordance with law and therefore, prayed for similar orders to be passed in this civil revision petition also. In this connection, a copy of the order, dated 03.07.2009, passed by this Court in C.R.P.No.50 of 2009, is placed for consideration.
4. On a perusal of the order, dated 03.07.2009, passed in C.R.P.No.50 of 2009, I concur with the reasonings of the said order and accordingly, following the said order, it is found that the order impugned herein cannot be sustained and accordingly, the same is set aside and the matter is remitted back to the Assistant Director of Handlooms and Textiles, Madurai, to dispose of the matter in accordance with law.
5. Accordingly, the civil revision petition is disposed of. No costs.
To:
The Principal District Judge, Madurai.
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