The third respondent herein is a Co-operative Primary Agricultural & Rural Development Bank (hereinafter referred to as 'bank'). It came to be found that 96 gold jewel loans extended by the bank were found to be passed on spurious jewels and thereby, the loss was estimated at Rs.12,75,400/-. Based on a report under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as 'the Act'), an inquiry under Section 87 was conducted against the petitioner in W.P.No.12727 of 2003 and WP.12728 of 2003, who were the Secretary and Supervisor respectively, at the relevant point of time, in the third respondent bank. Apart from these petitioners, the proceedings were initiated against the jewel Appraiser of the bank also. The charge against the petitioners was that they had caused loss to the bank on account of the jewel loans extended on the basis of spurious gold jewels. In the surcharge proceedings, the petitioners herein along with the Appraiser were held to be jointly responsible for the loss caused to the bank and that the amounts were misappropriated and thereby the amount of loss was directed to be repaid along with interest. Accordingly, an order dated 21.06.1999 was passed by the second respondent herein. As against the same, an appeal was filed before the first respondent/Tribunal in CMA.(CS) No.109 of 1999, which was also dismissed through a common judgment and decree dated 20.02.2003. The common order of the second respondent in the surcharge proceedings dated 21.06.1999, as confirmed in the judgment and decree dated 20.02.2003 in CMA (CS) No.109 of 1999, are under challenge in both the Writ Petitions. Since these orders are common and the issue involved in these Writ Petitions are one and the same, a common order is passed in these Writ Petitions.
