IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) v THURSDAY, THE SIXTH DAY OF FEBRUARY ' TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 6501 OF 2022 Between: Kinthada A^pa Rao, S/o. Paidaiah, Aged 50 years, Occ: CEO, Lampakalova Primary AgrI. Coop. Credit Society Ltd., R/o. H.No. 1-131, Ramalayam Colony, Lampakalova Village, Prathipadu Mandal, East Godavari District, Andhra Pradesh - 533430. ...PEtlTIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary - Co- Operative Department, Secretariat, Amaravathi, Guntur District. 2. Lampakalova Primary AgrI.Coop. Credit Society Ltd., D.No.9-223, Thota Veedhi, Prathipadu, Prathipadu Mandal, East Godavari District, Rep. by its Chairperson.' 3. The Chairperson, Lampakalova Primary AgrI. Coop. Credit Society Ltd., D.No.9-223, Thota Veedhi, Prathipadu, Prathipadu Mandal, East Godavari District. 4. The Divisional Co-Operative Officer, Peddapuram, Donthi, East Godavari District. ' V.--' .r'A 5. The Deputy Registrar of Co-Operative Societies, Peddapuram, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other % appropriate writ, order or direction, declaring the action of the 3rd respondent in passing a resolution dated 04.02^^022 resolving to dismiss the petitioner as Chief Executive Officer of the 2nd respondent bank basing on the enquiry report prepared under Sec.51 of The A.P. Cooperative ^cieties Act, as illegal, arbitrary and in violation of the provisions of the A.P. Cooperative Societies Act, 1964 and set aside the same. lA NO: 1 OF 2022 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court nnay be pleased to grant interim suspension of the resolution dated 04.0^022 passed by the 3rd respondent, pending disposal of the above writ petition. Counsel for the Petitioner: SRI G V SHIVAJI Counsel for the Respondent Nos. 1,4 & 5: GP FOR COOPERATION Counsel for the Respondent Nos. 2 & 3: SRI S KARTHEEK REPRESENTING SRI SRINIVAS BASAVA The Court made the following: ORDER APHC010107322022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 6501/2022 Between: ...PETITIONER Kinthada Appa Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G VSHIVAJI Counsel for the Respondent(S): 1.GP FOR COOPERATION 2.SRINIVAS BASAVA The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ ot issue a Writ of Mandamus or any other appropriate writ order or direction deciaring the action of the 3”^ respondent in passing a resoiution dated 04.02.2022 resoiving to dismiss the petitioner as Chief Executive Officer of the 2"'' respondent bank basing on the enquiry report prepared under Sec.51 of The A.P. Cooperative Societies Act, as iiiegai, arbitrary and in vioiation of the provisions of the A.P. Cooperative Societies Act, 1964 and set aside the same ” 2 Brief facts of the case are that the petitioner is the Chief Executive Officer of the 2"^^ respondent society. The 5*^ respondent issued five 2. notices vide Rc.No.860/2019-D(1), dated 07.10.2020 directing the petitioner to attend the office of the 2"^ respondent on 09.11.2020 for enquiry under Section 60 of the Act. The petitioner filed W.P.No.20880 of 2020 challenging the said notices and this Court disposed of the writ petitions directing the authorities to serve material on the petitioner and afford an opportunity to submit an explanation to the said show cause notices. A further perusal of the notices shows that the Inquiry Officer had recommended for recovery of amounts stated in the notice. Without stating any reasons in the notices, the petitioner has been asked to attend enquiry with records. Earlier an order No.860/2019-D, dated 29.08.2020 was issued and the same shows that an enquiry was alleged to be conducted under Section 51 of the Act and basing on the same, a resolution was alleged to have been passed by the Executive Committee on 26.02.2020. The petitioner was asked to submit the explanation on the review report of the District Co-Operative Officer, the petitioner has not submitted the same and refused to receive the notice and absented from the duties. Therefore, the 4'^ respondent pursuant to proceedings No.860/2019 dated 29.08.2020 placed the petitioner under suspension. The impugned rd proceedings have not been served on the petitioner. While so, the 3 respondent has passed a resolution dated 04.02.2022 taking a decision to dismiss the petitioner from service basing on the enquiry report prepared 3 under Section 51 of the Act. Aggrieved by the same, the present writ petition has been filed. Though the writ petition is filed in the year 2022, the respondents 2 and 3 have not filed any counter till date. Therefore, the right of filing of counter for respondents 2 and 3 is forfeited as per Rule 12(1) of Writ Proceeding Rules, 1977. 3. Heard Mr.G.V.Shivaji, learned counsel for tVie petitioner, who appeared virtually through video conferencing: learned Assistant Government Pleader for Cooperation, for respondent Nos.1, 4 and 5 as well as Mr.S.Kartheek, learned counsel representing Mr.Srinivas Basava, learned counsel for the respondent Nos.2 and 3. 4. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, no independent enquiry has been conducted and Section 51 of the enquiry report may be taken into consideration as a piece of evidence, but the same cannot be treated as an ♦ enquiry report. He further submits that, the petitioner was suspended on charges of misappropriation of social funds, during the Section 51 hearing held in the Member Society, was subjected to a domestic inquiry and the petitioner was found guilty. Therefore, the 3"'^ respondent does not have any right to initiate any action in relation to disciplinary proceedings pertaining to respondent society. He further submits that the proceedings 5. nd the 2 4 No.860/2019, dated 29.08.2020 passed by the 4^^ respondent was not served on the petitioner. Hence, the impugned resolution dated 04.02.2022passed by the 3'"^ respondent is illegal, arbitrary and without jurisdiction. Therefore, learned counsel requests this Court to pass appropriate orders. Per Contra, learned Assistant Government Pleader for 6. Cooperation vehemently opposed for grant of any relief in the writ petition and submits that the Inquiry officer under Section 51 of the APCS Act, 1964 has conducted and completed his statutory inquiry and submitted his report on 20.02.2020 and further report on 15.06.2020. After scrutiny of the findings of the Divisional Cooperative Officer, Peddapuram along with Inquiry report submitted by the Inquiry Officer, the District Cooperative Officer, East Godavari district, Kakinada has issued Review vide his Rc.No.2791/2019-A, dated 26.06.2020 on the contents of statutory inquiry report with instructions to take up further Civil, Criminal, Disciplinary and institutional actions basing on the items frauds reported in the inquiry report. He further submits that the Divisional Cooperative Officer, Peddapuram being the administrative Officer of the Division, has addressed vide his letter Rc.No.860/2019-D1, dated 29.08.2020 to the Managing Committee of the Lampakalova P.A.C.S. LTD Lampakalova, Prathipadu Mandal to take up further disciplinary and institutional actions against the concerned employees of the Society on whom the inquiry officer has reported as prima facie and fixed responsibility for the 5 financial and administration irregularities occurred in the society. He further submits that the Divisional Cooperative Officer, Peddapuram has not issued any proceedings to suspend the petitioner, but the Divisional Cooperative Officer has issued vide letter Rc.No.860/2019-D1, dated 29.08.2020 addressing the Management of the Society to take further action as per byelaw No.26(xiv) and (xv) of the Society. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition. 7. Considering the submissions of both the learned counsels and upon perusing the entire material on record, it appears that the proceedings of the 4*^ respondent vide No.860/2019, dated 29.08.2020 was not served on the petitioner and the petitioner was not given an opportunity to submit an explanation. Hence, this Court is of the opinion that, the 3'^'^ respondent has passed the impugned resolution dated 04.02.2022 dismissing the petitioner from service, relying on the enquiry report and without following due process of law, which is contrary to the principles of natural justice. Therefore, this Court is inclined to dispose of the writ petition by remanding back the matter to the respondents for fresh consideration. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, the impugned resolution dated 04.02.2022 issued by the 3'^'^ respondent is hereby set aside. Further, the matter is remanded back to the 3^^ respondent with a direction to 8. 6 serve the proceedings dated 29.08.2020 to the petitioner to submit his explanation. On such receipt of explanation, the 3'"^ respondent is directed to consider the same and pass appropriate orders, after affording an ample opportunity of the petitioner, strictly in accordance with law, within a period of four (04) months from the date of receipt of a copy of this order. With the above observations, the Writ Petition is disposed of. 9. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEC To, 1. The Principal Secretary - Co-Operative Department, Secretariat, Amaravathi, Guntur District. 2 The Chairperson, Lampakalova Primary AgrI.Coop. Credit Society Ltd., D.No.9-223, Thota Veedhi, Prathipadu, Prathipadu Mandal, East Godavari District. 3 The Chairperson, Lampakalova Primary AgrI. Coop. Credit Society Ltd., D.No.9-223, Thota Veedhi, Prathipadu, Prathipadu Mandal, East Godavari District. 4. The Divisional Co-Operative Officer, Peddapuram, Donthi, East Godavari District. 5. The Deputy Registrar of Co-Operative Societies, Peddapuram, East Godavari District. 6. One CC to Sri G V Shivaji Advocate [OPUC] 7. One CC to Sri Srinivas BAsava, Advocate [OPUC] 8. Two CCs to GP for Cooperation, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:06/02/2025 ORDER WP.No.6501 of 2022 X 2 5 FEB 2025 | ^ . Current Section ^eSPATCV'’^^ DISPOSING OF THE W.P., WITHOUT COSTS