P BHUSHAIAH Vs. DISTRICT COOPERATIVE OFFICER

JUDGEMENT

(1.) The petitioner functioned as Secretary of the Primary Agricultural Co- operative Society Limited, Lingamguntla of Guntur District. In the year 1990, one Mr.D.Bhadrachalam, the 4th respondent, was functioning as its President. The District Co-operative Officer, the 1st respondent, ordered inspection under Section 52 of the A.P. Co-operative Societies Act, 1964 (for short 'the Act'), against the said society, on the basis of a report submitted by the Divisional Co-operative Officer, Guntur. The inspection was conducted, and a report was submitted on 31-08-1991. It was pointed out that fraud, to the tune of several lakhs of rupees, was committed by the petitioner and the 3rd respondent. It was suggested that the surcharge proceedings, under Section 60 of the Act, be initiated against them.

(2.) The Deputy Registrar of Cooperative Societies, the 2nd respondent, initiated surcharge proceedings against the petitioner and the 3rd respondent. After considering their explanations, the 2nd respondent held the 3rd respondent liable for certain amount, through his orders dated 23-11- 1992. Aggrieved thereby, the 3rd respondent filed O.A.No.58 of 1994 before the A.P. Co-operative Tribunal, Vijayawada (for short 'the Tribunal'). The Tribunal allowed the O.A., through its order dated 18-04-2000, mainly on the ground that adequate opportunity was not given to the 3rd respondent. After setting aside the surcharge order, the Tribunal remanded the matter to the 2nd respondent, for fresh enquiry and disposal.

(3.) On remand, the 2nd respondent issued notice to the petitioner as well as the 3rd respondent. Through his order dated 08-07-2005, the 2nd respondent exonerated the 3rd respondent, but held the petitioner liable for the amount of Rs.1,36,785/-, with interest at 18% per annum, from 01-06-1989. Aggrieved by this order, the petitioner filed O.A.No.101 of 2005 before the Tribunal. The O.A. was dismissed on 12-01-2007. Hence, this writ petition.