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SUBBA REDDY SATTI
Peddipati Naga Durga, D/o. Srirama Murthy – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Principal Secretary Cooperation Department A. P. Secretariat – Respondent
ORDER :
(Subba Reddy Satti, J.)
The above writ petition is filed challenging the proceedings issued by the 2nd respondent vide Rc.No.857/2022-C dated 22.05.2024 and the consequential suspension order issued by the 3rd respondent vide File No.1/2024 dated 31.08.2024, as illegal, arbitrary and contrary to the service conditions and provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short “the Act”).
2. a) Petitioner, working as a clerk in the 3rd respondent society was entrusted the duties of computer operator and later appointed as Chief Executive Officer from 08.09.2021 to 01.10.2021 for 22 days. The Joint Registrar-District Cooperative Officer ordered an inquiry under Section 51 of the Act, into the affairs of the 3rd respondent-society. The inquiry officer submitted a report on the affairs of the Society and reported that an amount of Rs.438.58 lakhs was misappropriated. The inquiry officer named some of the employees and concluded that those employees are jointly and severally liable.
b) The 2nd respondent, by exercising the powers under Section 59 of the Act, directed the Person-in-Charge Committee of the 3rd respondent to suspend the petitioner and other emplo
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.
The central legal point established in the judgment is the requirement for compliance with the provisions of the Andhra Pradesh Cooperative Society Act, 1964, and the need for proper procedure and ev....
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 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.
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
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