APHC010034062011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4279/2011 Between: 1. PILLA MAHA LAKSHMI NAIDU, HINDU, S/O.APPA RAO, AGED ABOUT 38 YEARS, WORKING AS ACCOUNTANT, KOKKIRAPALLI PRIMARY AGRI. COOPERATIVE SOCIETY LTD., R/O. JAMPAPALEM VILLAGE, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE DIST COOPERATIVE OFFICER VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2. THE DIVISIONAL COOPERATIVE OFFICER, YELLAMANCHILI MANDAL, YELLAMANCHILI, VISAKHAPATNAM DISTRICT. 3. THE KOKKIRAPALLI PRIMARY AGRICULTURAL COOP SOCIETY LTD, REP. BY ITS PRESIDENT YELLAMANCHILI, VISAKHAPATNAM DISTRICT. 4. SRI B V KURMA RAO, ASSISTANT REGISTRAR (RETD.) COOPERATIVE DEPARTMENT, VIZIANAGARAM. ...RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction particularly in the nature of writ of Mandamus to declare the proceedings of the 3rd respondent dt. 28.12.2010 (served on the petitioner on 4.1.2011) as also the proceedings dt. 22.1.2011 appointing 4th respondent as an enquiry officer, whereby subjecting the petitioner to the enquiry 2nd time in respect of very same charges which are concluded and became final by 2nd respondent in his proceedings dt. 6.11.2009 in RC no. 953/2008-C as illegal, arbitrary, violation of principles of natural justice and amounts to subjecting the petitioner for domestic enquiry twice and also contrary to the Articles 14, 19 of Constitution of India as well as the service condition of 3rd respondent society and the provisions of AP cooperative societies Act and consequently, set aside 2 the enquiry proceedings in the interest of justice and pass such other order or orders in the interest of justice and in the circumstances of the case. Counsel for the Petitioner: 1. P RAJASEKHAR Counsel for the Respondent(S): 1. D V NAGARJUNA BABU 2. K UDAYA SRI 3. GP FOR COOPERATION The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 4279 of 2011 ORDER: The present writ petition is filed challenging the charges framed against the petitioner by the respondents. 2. Learned counsel for the petitioner would submit that subsequent to the filing of the writ petition, an enquiry was conducted and concluded in favour of the petitioner herein. However, the respondents did not pay the arrears of salary to the petitioner. Hence, learned counsel requests a direction to the respondents to pay the arrears of salary. 3. Indeed, the disciplinary proceedings concluded in favour of the petitioner and the request made by the learned counsel for the petitioner is to direct the respondents to pay arrears of salary, it is a separate cause of action, therefore, if aggrieved by the action of the respondents, the petitioner is at liberty to file a fresh writ petition for payment of arrears of salary. 4. In view of the above said circumstances, the Writ Petition is disposed of granting liberty to the petitioner to file a fresh writ petition for payment of arrears of salary. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 27.06.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.4279 of 2011 Date : 27.06.2025 SPP