NALLURI BALAKRISHNA Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Writ Petitions are filed under Article 226 of the Constitution of India and since the issue in all the Writ Petitions is similar, they are being disposed of by this common order.

(2.) The batch of Writ Petitions are filed to issue a writ order or direction more particularly one in the nature of writ of mandamus to declare the inquiry conducted under Sec. 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, the Act 1964") by the respondent No.8, i.e., Inquiry Officer/Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, in the affairs of the Primary Agricultural Cooperative Society, and the consequential proceedings Rc.No.706/2022-C dtd. 5/6/2023, as illegal, arbitrary and against the principles of natural justice and also contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, the Act 1964"), and also in violation of Articles 14, 21 and 300A of the Constitution of India and, consequently, prayed to set aside the instructions given by the respondent No.4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner. CONTENTS OF INQUIRY REPORT:

(3.) An enquiry under Sec. 51 of the Act 1964 was conducted into the affairs of Reddypalem Primary Agricultural Cooperative Society and other Primary Agricultural Cooperative Societies. As seen from the impugned order dtd. 31/5/2023, the Deputy Registrar of Cooperative Societies and Divisional Cooperative Officer, who conducted periodical inspection of the Primary Agricultural Cooperative Society (PACS) for the period from 1/4/2021 to 30/9/2021, and observed that fake loans were granted and submitted preliminary report stating that they have identified certain irregular loans issued by the petitioners and recommended for inquiry under Sec. 51 of the Act 1964.