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TARLADA RAJASEKHAR RAO
Seetharamaswamy, WG District – Appellant
Versus
Prl. Secretary Coop. Dept. Hyderabad – Respondent
ORDER :
(Tarlada Rajasekhar Rao, J.) :
The Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:
2. The present Writ Petition is filed by one Seeta Rama Swamy, who is ex-president of Primary Agricultural Society, Rangapuram (hereinafter called as Society), assailing the order in O.A. No.40/2011, dated 02.06.2014.
3. The unnecessary facts are shorn off and the relevant facts are that the petitioner herein was elected as Chairman of Rangapuram Society for the period from 1995 to 2002. An enquiry was initiated under Section 52 of Andhra Pradesh Cooperative Societies Act, 1964, (hereinafter referred to as the Act), on 2
Inquiries under Sections 51 and 52 of the Andhra Pradesh Cooperative Societies Act are distinct and can be conducted independently without nullifying previous inquiries.
Procedural fairness mandates an enquiry before imposing surcharge, allowing opportunities for evidence and argument.
An inspection order under the Telangana Cooperative Societies Act must be founded on justifiable grounds within the order itself, not influenced by external parties.
Procedure for conduct of inquiry and inspection - A person can be proceeded against and vested with liability only if an objective assessment of evidence and materials available on record leads to ir....
An interlocutory application filed under Order VII Rule 11 (d) and Section 151 C.P.C. to drop surcharge proceedings has to be disposed of before passing orders in the surcharge proceedings.
Court held that the enquiry into cooperative society affairs was invalid due to improper delegation of authority, requiring fresh proceedings per the law.
Point of Law : Materials disclosed in an inquiry report of the Vigilance Officer can certainly be used for the purpose of surcharging a person after due inquiry as provided for under Section 68(1).
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