( 1 ) HEARD Mr. A. Satya Prasad, learned counsel for the petitioner, learned government Pleader for Co-operation for respondent Nos. 1 to 3; Mr. B. Udaya bhasker, learned counsel for R-5.

( 2 ) THE petitioner, Secretary of the payakaraopeta Primary Agricultural Cooperative Society, Payakaraopeta, visakhapatnam District-4th respondent, assails the proceedings dated 13-05-2002 of the 4th respondent.

( 3 ) THE petitioner was initially appointed as a Clerk in the 4th respondent-society with effect from 12-08-1986. The 5th respondent was also working as Clerk along with the petitioner in the 4th respondent-society from 1986, but was appointed as Secretary of the 4th respondent-society in the year 1987. There was an enquiry under Section 51 of the Andhra Pradesh Co-operative Societies act, 1964 (for short the Act ) in the year 1983 (sic. 1993) into the affairs of the 4th respondent-society. A report of the said enquiry was submitted by the Co-operative sub-Registrar, which found the 5th respondent guilty of misappropriation of the funds of the 4th respondent-society. On receipt of the said enquiry report, the management of the 4th respondent-society by orders dated 1-12-1993 removed the 5th respondent from his service as Secretary with effect from the date of the said order.

( 4 ) THE 5th respondent challenged the order dated 10-12-1993 removing him from services, by way of W. P. No. 8547 of 1994. By the judgment dated 03-10-1994, W. P. No. 8547 of 1994 was allowed. This Court found that the order of termination dated 10-12-1993 was vitiated by violation of principles of natural justice, as the 5th respondent was denied the copy of the enquiry report before passing the order of removal. While allowing the writ petition, this Court permitted the 4th respondent-society to re-consider the issue after providing adequate opportunity to the 5th respondent and after supplying the necessary records, on which, the proposed action is to be based. This Court observed that in view of the quashing of the order of the removal, the 5th respondent would be entitled reinstatement with back wages. The 4th respondent-society filed an application in W. P. M. P. No. 23557 of 1994 after the disposal of the writ petition seeking review of the order dated 03-10-1994 of this Court. This Court by the order dated 07-11-1994 reviewed the earlier order and modified it to the extent that on reinstatement, the 5th respondent would continue at the stage at which the matter stood before the order dated 10-12-1993 was passed viz. , he would be reinstated into service, would be continued under suspension and would be entitled to subsistence allowance alone instead of back wages, as directed in the original judgment. It needs to be mentioned that prior to the instituting of the writ petition, the 5th respondent had preferred an appeal to the District Collector against the orders of his removal and the District collector by the order dated 19-04-1994 confirmed the order of the removal of the 5th respondent. This Court invalidated both the primary order of the 5th respondent s removal as well as the order of the District collector confirming the order of the removal.

( 5 ) THE 4th respondent-society by its order dated 04-01-1995 removed the 5th respondent from service, in the light of the findings in the report of the enquiry conducted under Section 51 of the Act, where the 5th respondent was found guilty of misappropriation of funds of the society to a tune of nearly Rs. 52,598-25. The 5th respondent did not challenge this order of removal. The term of the elected management committee which passed the order dated 04-01-1995 came to an end and an official - the Co-operative Sub-Registrar -was appointed as Person-in-charge of the 4th respondent-society.

( 6 ) THE official Person-in-charge passed an order dated 22-07-1995 superseding the order of the elected management dated 04-01-1995 removing the 5th respondent from service. The order dated 22-07-1995