K K VALLI PRIMARY AGRICULTURE CO OPERATIVE SOCIETY WEST GODAVARI Vs. DISTRICT COLLECTOR WEST GODAVARI ELURU

JUDGEMENT

(1.) The petitioner is a Primary Agriculture Co-operative Society in West Godavari District. The third respondent herein was employed as a Secretary in the Society. Through proceedings, dated 25.7.2002, the petitioner terminated the services of the third respondent. Aggrieved thereby, the third respondent preferred an appeal before the first respondent. The appeal was allowed through order, dated 22.9.2005 by the first respondent and the third respondent was directed to be reinstated without any consequential and incidental benefits. The second respondent, in turn, passed a consequential order, dated 17.10.2005, directing the petitioner to reinstate the third respondent with a semblance of warning. The same is challenged by the petitioner.

(2.) Smt. Bobba Vijayalakshmi, the learned Counsel for the petitioner submits that the first respondent did not give proper opportunity to the petitioner, before the impugned order was passed. She also contends that the form of the order indicates as though the first respondent exercised the power to issue writs, which is the exclusive prerogative of the High Courts. She contends that the concluding portion of the order is reflective of the ambiguity, in exercise of appellate power. The learned Counsel submits that though the petitioner submitted a detailed written submission on receiving notice, the same was not taken into account when the impugned order was passed.

(3.) The learned Government Pleader for Co-operation, on the other hand, submits that the first respondent took into account, the grounds of appeal presented by the third respondent, the counter-affidavit filed by the petitioner as well as the note prepared by the office. He contends that the order was issued in an improper form, by the subordinate staff, without knowledge by the first respondent.