1 APHC010499202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26529/2025 Between: 1. B GURUNADHAM, S/O. KRISHNAIAH, AGED ABOUT 53 YEARS, OCC STAFF ASSISTANT (PRESENTLY WORKING AT G.D.NELLORE BRANCH) O/O. DISTRICT CO-OPERATIVE CENTRAL BANK LTD., CHITTOOR, CHITTOOR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY CO-OPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI ,GUNTUR DISTRICT., A.P. 2. THE COMMISSIONER FOR COOPERATION AND, REGISTRAR OF CO-OPERATIVE SOCIETIES, D.NO.2- 16-83, NEAR SKYLARK TOWERS 11TH LANE, SYAMALA NAGAR, GUNTUR, A.P. 3. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR, A.P. 4. THE DISTRICT COOPERATIVE OFFICER, CHITTOOR, CHITTOOR DISTRICT, A.P. 2 5. THE CHIEF EXECUTIVE OFFICER, DISTRICT CO- OPERATIVE CENTRAL BANK LTD., CHITTOOR, CHITTOOR DISTRICT, A.P. 6. THE DISTRICT REVENUE OFFICER/ENQUIRE OFFICER, DISTRICT CO-OPERATIVE CENTRAL BANK LTD., CHITTOOR, CHITTOOR DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. M KESAVA RAO Counsel for the Respondent(S): 1. SURAGANI VIJAYA KUMAR 2. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26529 of 2025 ORDER: In the present writ petition, the order of removal issued vide proceedings in Rc.No.Est./815/Removal/2025-26, dated 12.09.2025 by Respondent No.5 is called in question. 2. The Petitioner was initially appointed as Driver on contract basis by the 5h Respondent - Chittoor District Co-operative Central Bank Limited on 05.06.2013 and his services were regularized as Driver. Thereafter, on 06.03.2023 the Petitioner was temporarily promoted as Staff Assistant and posted in the same branch. Further, he was transferred and posted to CTR Town Branch. 3. While so, the Respondent No.6 had directed the Petitioner with regard to an enquiry under Section 51 of Andhra Pradesh Co-operative Societies Act, 1964. Accordingly, the Petitioner appeared on 21.03.2025 before the Respondent No.6. 4. While so, on 12.09.2025, the Petitioner was straightaway removed from service by Respondent No.5 on the basis of an 4 enquiry conducted under Section 51 of Andhra Pradesh Co- operative Societies Act, 1964 alleging irregular regularization of services, promotion and sanction of three increments to the Petitioner as Staff Assistant, presently working at G.D.Nellore Branch. Hence, the writ petition. 5. Learned counsel for the Petitioner would submit that no opportunity of explanation was given to the Petitioner and straightaway the order of termination was issued contrary to the Discipline and Appeal Rules of the Respondent-Bank. The further contention is that the Section 51 report cannot be the sole basis for removal as the report is one dimensional and relied upon a judgment of this Court in V.Kodandaramaiah v. State of Andhra Pradesh vide W.P.No.4899 of 2019. 6. Sri S.Vijay Kumar, learned Standing Counsel for Respondent-Bank would submit that the Respondent-Bank would conduct a disciplinary enquiry against the Petitioner in terms of the Discipline and Appeal Rules and appropriate orders will be passed thereon. 5 7. In the light of the submissions made, the impugned order of removal issued vide proceedings in Rc.No.Est./815/Removal/ 2025-26, dated 12.09.2025 by Respondent No.5 is set aside leaving it open to the Respondent-Bank to conduct an enquiry as per the Discipline and Appeal Rules provided in the Staff Service Regulations of the Respondent-Bank and the Petitioner shall be reinstated into service forthwith. 8. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 24.09.2025 Ivd 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26529 of 2025 Dated 24.09.2025 Ivd