S. RAMU Vs. A.P. COOPERATIVE TRIBUNAL, VISAKHAPATNAM

JUDGEMENT

(1.) In the present writ petition, the petitioner herein assails the order dated 13.07.2009 passed by the Andhra Pradesh Cooperative Tribunal, Visakhapatnam, in O.A.50/2007 and the Proceedings in Rc.No.297/2003-B, dated 28.06.2003, issued by the Deputy Registrar of Cooperative Societies, third respondent herein.

(2.) Briefly stated, the case of the petitioner herein as per the pleadings in the affidavit filed in support of the writ petition is as under:-

(3.) A counter affidavit, deposed by the third respondent, is filed on behalf of respondents 2 to 4, stating inter alia that the members of the society in their telegram dated 01.03.2002 alleged suspicion of misappropriation with reference to the benami loans and requested the respondent authorities to conduct enquiry into the affairs of the society. It is further stated that the Joint Registrar/District Cooperative Officer, Visakhapatnam, on receipt of the telegram directed the Sub-Divisional Cooperative Officer, Narsipatnam, to submit a detailed report on the affairs of the society and in pursuance of the same, the Sub-Divisional Cooperative Officer, conducted a preliminary enquiry on the basis of the contents of the telegram and submitted a report to the Joint Registrar/District Cooperative Officer, Visakhapatnam on 05.03.2002, and basing on the report of the Sub-Divisional Cooperative Officer, the joint Registrar/District Cooperative Officer, Visakhapatnam, ordered a statutory inspection under Section 52 of the Act into the affairs of the society with reference to the petition of the members and also preliminary report of the Sub-Divisional Cooperative Officer, Narsipatnam, vide proceedings Rc.No.706/2002-C (Coop), dated 08.03.2002. It is further stated in the counter that soon after the receipt of the statutory inspection order, the Sub-Divisional Cooperative Officer, Narsipatnam, commenced the inspection and also examined the books and accounts of the society and submitted a preliminary inquiry report to the Joint Registrar/District Cooperative Officer, Visakhapatnam on 15.04.2002 stating that the petitioner committed serious financial irregularities in the affairs of the society and in the said report he further stated that he received letters from the President, two Directors and six members of the society, stating that an amount of 8 lakhs was misappropriated by the petitioner for the last two years. It is further stated that in his report the Sub-Divisional Cooperative Officer, Narsipatnam also mentioned that some miscreants have stolen some records on 04.04.2002 including the deposition recorded by the fourth respondent, which forced him to file an application before the Station House Officer, Anakapalli on 04.04.2002, as such, he again summoned the same creditors and recorded the statement on 10.04.2002 and 11.04.2002.