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1995 Supreme(AP) 768

B.SUBHASHAN REDDY
Balasa Rama Rao – Appellant
Versus
General Manager, District Co-operative central Bank Ltd. , Srikakulam – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS Writ Petition is filed questioning the action of the respondents in withholding the amounts payable to the petitioner towards gratuity and encashment of leave.

( 2 ) PETITIONER was an employee of the 1st respondent-Bank. He retired from service, after extension, on 31-8-1993. Though he sought for release of the said amounts, the respondents did not release, instead the 2nd respondent, at the instance of the 1st respondenthad initiated action forsurcharging the petitioner by invoking the provision under Section 60 (1) of the Andhra Pradesh Co- operative Societies Act, 1964 (hereinafter referred to as the Act ) and consequently, a notice in Re. No. 871/92-C, dated 29-11-1993 was issued by the 2nd respondent. It is said that the petitioner had filed his reply and neither was enquiry conducted nor surcharge order passed. Counter-affidavit has been filed by the 1st respondent-Bank. It is stated therein that while the petitioner was working as Branch Manager or Sompeta Branch from 20-10-1990 to 20-5- 1991, there were false disbursements of long term loans to the tune of rs. 1,82,440/- and that an enquiry was conducted under Section 51 of the Act and it w







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