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K. MANMADHA RAO
Pothuri Subba Raju, S/o Satyanarayana Raju – Appellant
Versus
State of A. P. , rep. by its Principal Secretary, Cooperative Department – Respondent
ORDER :
K. Manmadha Rao, J.
WP No.7248 of 2020 is filed under Article 226 of Constitution of India for the following relief:
WP No.20068 of 2020 is filed under Article 226 of Constitution of India for the following relief:
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must follow due process, including issuing a charge-sheet and conducting a proper inquiry.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
The main legal point established in the judgment is that the provisions of Section 77 of the Tamil Nadu Co-operative Societies Act, 1983 govern the removal and reinstatement of employees based on cri....
Writ petitions against private co-operative societies are not maintainable under Article 226 unless they demonstrate public authority status.
The Assistant Registrar of Cooperative Societies cannot restore a suspension already lifted by the Committee, as such authority is not vested under the Odisha Cooperative Societies Act.
The court affirmed that suspension under Section 59 of the Act is a procedural measure pending inquiry, requiring the authority to apply its mind to the facts and evidence.
Writ jurisdiction does not extend to enforcing cooperative society bye laws, which lack the force of law and are treated as private contractual obligations.
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