DAPPALAPUDI PURNACHANDRA RAO Vs. DEPUTY REGISTRAR OF CO

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Government Pleader.

(2.) The petitioner worked as a Secretary of the 2nd respondent-society and there were allegations against him. An enquiry under Sec. 51 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, 'the Act') was initiated. Basing on the report of the said enquiry, a show cause notice was issued to the petitioner holding the petitioner was liable for an amount of Rs.1,44,237.00 and he was asked to file his objections. Accordingly, he filed his objections denying his liability. It is the case of the petitioner that without conducting any enquiry, relying on the findings of the enquiry report submitted under Sec. 51 of the Act, the 1st respondent passed an order on 17.07.1999 holding him liable for the above amount. Challenging the same, the petitioner filed O.A. No.158 of 1999 before the A.P. Co-operative Tribunal, Vijayawada (for short, 'the Tribunal'), and it confirmed the order of the 1st respondent by order dated 18.10.2003. Challenging the same, the present writ petition was filed.

(3.) Learned counsel for the petitioner submits that no enquiry was conducted by the 1st respondent and basing on the report submitted under Sec. 51 of the Act by the enquiry officer, an order was passed by the 1st respondent holding the petitioner liable and hence, the order as confirmed by the order of the Cooperative Tribunal is liable to be set aside.