IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1564 OF 2002 Between: K. Srinivasulu, S/o K. Raghavulu, Aged about 54 years, Hindu, Treasurer, The Co-operative Bank Ltd., R/o Tirupathi, Chittoor District. ...Petitioner AND 1. The Joint Registrar of Co-operative Societies (Previously Special Category/Deputy Registrar), District Co-operative Officer, Chittoor. 2. Divisional Co-operative Officer/Deputy Registrar of Co-operative Societies, Tirupathi. 3. The Tirupathi Co-operative Bank Ltds., Tirupathi, rep. by its Managing Director. 4. The Secretary, Co-operative Tribunal Chandravihar, 7^^ Hyderabad. floor. ...Respondents 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 a Writ, order direction, particularly a writ in the or nature of mandamus, declaring the order of the Co-operative Tribunal, Hyderabad the 4‘^ respondent herein R.P.No.1 of 2001 in C.T..A.No.2/1997 as illegal and further declare the proceedings of the 1 R.C.N0.2985/91C, dated 18.07.1991 and all St respondent herein consequential proceedings on the file of Hyderabad, are such as the criminal prosecution in C.C.No.129 of 2001 Special Court for Co-operative Societies, Chandravihar illegal. Counsel for the Petitioner: SRI K.V. SUBRAHMANYA NARUSU Counsel for the Respondents: SRI A. KRISHNA KISHORE, AGP FOR COOPERATION (AP) The Court made the following: 1 APHC010209692002 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1564/2002 Between: 1.K. SRINIVASULU, S/0. K. RAGHAVULU, AGED ABOUT 54 YEARS, HINDU, TREASURER, THE CO-OPERATIVE BANK LTD, R/0. TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(PREVIOUSLY SPECIAL CATEGORY /DEPUTY REGISTRAR) DISTRICT CO-OPERATIVE OFFICER, CHITTOOR. 2. DIVISIONAL CO-OPERATIVE OFFICER /DEPUTY REGISTRAR OFCO-OPERATIVE SOCIETIES, TIRUPATI. 3. THE TIRUPATHI CO-OPERATIVE BANK LTDS.,TIRUPATHI, REP. BY ITS MANAGING DIRECTOR 4. THE SECRETARY, CO-OPERATIVE TRIBUNAL, CHANDRAVIHAR, 7^^ FLOOR, HYDERABAD. RESPONDENTS... Counsel for the Petitioner: 1. K V SUBRAHMANYA NARUSU Counsel for the Respondent: 1.GP FOR COOPERATION (AP) 2 The Court made the following: iF ORAL ORDER: Heard Sri J. Ugranarasimha, learned Counsel appearing for the Writ Petitioner and Sri A. Krishna Kishore, learned Assistant Government Pleader for Cooperation. 2. The Writ Petitioner was working as treasurer in the Cooperative Bank Limited, Tirupati for more than three decades. The Petitioner started his career as a Junior Assistant (Clerical Attender) in the year 1969 and ranks and was promoted as treasurer. He was in charge of the portfolio of Joint Custody of pledged gold and other ornaments along with the Manager of the jewel loan section. On 26.06.1991, a member of the Society, who had pledged the gold articles in the Bank, had approached the Bank for clearing of the debt and for the release of the gold articles. It was noticed that the gold article pledged by the member was not available in the strong room. On enquiry, it was revealed that one Sri Jagadeswara Rao, who was employed as Counter Boy, volunteered that the gold jewel concerned was to be found in another bag with a different jewel loan number and that it was found to be correct that the concerned gold ornament, belonging to the member, was wrongly kept in a different loan account number. On account of this discrepancy, the Writ Petitioner was made to face the following Proceedings; rose in 3. Criminal Case registered against the Writ Petitioner and Sri M. Jagadeswara Rao (Counter Boy) bearing C.C.106/2012 on the file of the V Additional Judicial Magistrate of I Class, Tirupati; Disciplinary Proceedings initiated against the Writ Petitioner and the Domestic Enquiry had commenced; and. Surcharge Proceedings, under Section 60 of the Andhra Pradesh Cooperative Societies Act, 1964, was also initiated against the Writ Petitioner. 3 Learned Counsel for the Writ Petitioner has placed on record the relevant material to indicate that all the three Proceedings have ended by giving a clean chit to the Writ Petitioner. He has placed on record the Final Judgment in C.C.No.106/2012 dated 27.11.2012 acquitting not only the Writ Petitioner (Accused No.1) but also Sri M. Jagadeswara Rao (Accused No.2). Learned Counsel for the Writ Petitioner has also placed on record the Final Report in the Domestic Enquiry dated 21.02.2012 indicating that the Writ Petitioner has been exonerated of all charges in the Domestic Enquiry inasmuch as the Bank had utterly failed to prove the charges. Learned Counsel for the Writ Petitioner has also furnished the Final Proceedings in which the Surcharge Proceedings which were initiated against the Writ Petitioner under Section 60 of the Andhra Pradesh Cooperative Societies Act. Learned Counsel has placed on record the Final Order in the Surcharge Proceedings bearing Rc.No.1970/91-UB-C1 dated 30.07.2012. The Surcharge Proceedings also have been closed in favour of the Writ Petitioner vide Proceeding dated 30.07.2012, holding that the Bank has failed to prove the guilt of the Ex-treasurer (retired) and therefore, the Surcharge case against the Writ Petitioner herein was dismissed. 4. 5. Since all the Proceedings ended in favour of the Writ Petitioner, thereby, being acquitted in the Criminal case, exonerated in the Disciplinary Proceedings and also exonerated in the Surcharge Proceedings, this Court is of the view that these subsequent events would itself indicate that the Writ Petitioner is not guilty of any of the charges mentioned hereinabove. 6 Therefore, the present Writ Petition, challenging the Order of the Cooperative Tribunal in R.P.No.1 of 2001 in C.T.A.No.2/1997 and the Proceedings of Respondent No.1 bearing R.C.No.2985/91C dated 18.07.1991, has become infructuous. Accordingly, the Writ Petition is disposed of as having become infructuous in view of the subsequent developments indicated hereinabove. No order as to costs. 7. 4 8. Interlocutory Applications, if any, stand closed in terms of this order. / Sd/-SHAIK MOHD RAFi ASSISTANT REGISTRAR SKTION OFFICER 1. The Joint Registrar of Co-operative Societies (Previously Special Category/Deputy Registrar), District Co-operative Officer, Chittoor. 2. Divisional Co-operative Officer/Deputy Registrar of Co-operative Societies, Tirupathi. 3. The Managing Director, Tirupathi Co-operative Bank Ltds., Tirupathi, 4. The Secretary, Co-operative Tribunal Chandravihar, 7'^ Hyderabad. 5. One CC to SRI. K.V. SUBRAHMANYA NARUSU, Advocate [OPUC] 6. Two CCs to GP FOR COOPERATION (AP), High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies //TRUE COPY// To floor. sree HIGH COURT * DATED;01/05/2025 ORDER WP.No.1564 of 2002 ★\^rrfe.u Sectiony^ DISPOSING OF THE W.P. AS INFRUCTUOUS WITHOUT COSTS