DEPUTY REGISTRAR Vs. ABDUL RAHEEM

JUDGEMENT

(1.) W.A.No. 1680/98 is filed by the Government against the Judgment in W.P.No. 7814 of 1996 for allowing the same and W.A.No. 1781/98 is filed against the Judgment in W.P.No. 25309 of 1996, by the petitioner therein, for dismissing the same. As a common question of law arises in both the appeals, the same are being disposed of by a common Judgment.

(2.) The point for consideration in these Writ Appeals, is whether when a person, officer or servant of a Society is surcharged for his acts, misconduct, misappropriation, negligence or committing shortage of funds, the inquiry conducted as of that person or Officer of the Society on the allegations made so against him is to be placed before the general body meeting for its approval and secondly whether Sec. 60 of the A.P. Co-operative Societies Act, 1964 (hereinafter referred to as "the Act") which contemplates placing such an inquiry report before the general body meeting of the society is mandatory.

(3.) According to Sri D.V. Bhadram, learned Counsel appearing for the writpetitioners, if one understands the effect of Sections 51, 52, 53 and 60 of the Act, placing the inquiry report before the general body meeting of the Society is a must. In support of his contentions he placed reliance on three Judgments rendered by this Court in W.P.No. 6175/88, dt. 27-3-1989, W.P.No.13944/91, dt. 14-7-1994 and W.P.No. 6213/96, dt. 13-12-1996. Thus contending he sought that the order passed by the learned single Judge in W.P.No. 7814 of 1996 shall have to be upheld and the surcharge proceedings initiated against the petitioners, which was confirmed by the appellate authority, shall have to be held as illegal.