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V.G.Rao Advocate (Advocate)     02 February 2015

Dispute under co-operative societies act

HI all,

A case was filed before the Deputy Registrar of Coo-Societies U/Sec 61 (1) (c) of APCS Act 7 of 198-64 R/w Rule 49 of the A.P. COOP Socities rules 1964 by a Mahila Cooperative bank, against its employees for Recovery of amount.

The facts of the case that During the course of visit by the AGM of the said bank in the year 2012 certain irregularities were noticed in the bank. The said fact was brought to the notice of the board after few days and that board has taken a decision to conduct internal enquiry and initiate disciplinary proceedings against the erring employees.

During such enquiry it was unearthed that who were under the employment of the bank indulged in large scale mismanagement and misappropriation of the funds of the bank, by misusing their official position.

The clerk of the bank has committed serious irregularties, abused his official position, and debited certain cheques for  certain lakhs of rupees to the SB account of the Asst.Manager of the said bank without therein being adequate balance in the account as detailed hereunder.

   in the year 2006 Asst.Manager taken certain amount through cheques drawn self /himsef.

the clerk was issued with a charge sheet and a disciplinary enquiry was conducted wherein he participated and stated that he was working as clerk at the time of above cheques were posted and he acted as per the instruction of his superior authority i.e Asst.Manager. and bank claiming the amount against him for certain amount to make good the loss of the amount for his involvement., and further prayed to pass award making clerk, and Asst.Manger jointly liable to pay the amount miss appropriated by Asst.Manager.

Now My question is

The alleged misappropriation took place in the year 2006, and knowledge of the said misappropriation came to the bank in the year 2012. domestic enquiry conducted in the year 2012. the above case was initiated in the year 2014. now let me know whether said claim of the Mahila cooperative bank is barred by Indian limitation act or not? whether Indian Limitation act applicable to the Coop-socities act? whether C.P.C applicable before the Deputy Registrar of A.P.Cooperative Socities.

its Urgent. kindly help me.



Learning

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