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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, CJ, RAVI CHEEMALAPATI, J
N. Chandra Sekhar Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
(Ravi Cheemalapati, J.)
Feeling aggrieved by the orders dated 07.08.2017 passed in Writ Petition No.22627 of 2017, the petitioner in the said writ petition preferred this intra court appeal under Clause 15 of the Letters Patent.
2. The writ petition filed by the petitioner challenging the proceedings issued by respondent no.3 and consequential proceedings issued by respondent no.5 being illegal; was dismissed with costs of Rs.10,000/- (Rupees ten thousand only) payable to Andhra Pradesh Legal Services Authority.
3. The facts that led to filing of the writ appeal, in brief, are that:
(a) The petitioner is president of respondent no.7-Devuni Kadapa Police Department Employees Mutually Aided Cooperative House Building society Limited. In pursuance of the representation submitted by a member of the said society regarding serious irregularities found in the functioning of the society; the Registrar of the Mutually Aided Cooperative Societies, by proceedings dated 03.12.2015, directed the Divisional Cooperative Officer, Proddatur to conduct an enquiry and submit a report and accordingly, a detailed report dated 31.03.2016 was submitted. Thereupon, the Special Commissioner and Regis
The court emphasized the necessity of a fair hearing in legal proceedings, ruling that the dismissal of the writ petition was flawed due to the lack of opportunity to contest jurisdictional issues.
The court established that the Registrar of Co-operative Societies has the authority to initiate inquiries based on complaints from non-members if they are legal heirs of deceased members, reinforcin....
The court ruled that preliminary enquiries under the Rajasthan Co-operative Societies Act are administrative and do not constitute final decisions, allowing for interim orders to be vacated.
Granting prosecution sanction requires careful consideration of evidence, not merely formal compliance; relevant findings from prior inquiries can substantively justify the decision.
Disciplinary actions against a government employee must respect principles of natural justice and prior judicial orders, ensuring fairness and unbiased proceedings.
Petitioners must raise their contentions before the competent authority upon issuance of show cause notice under the Kerala Co-operative Societies Act, 1969, as they cannot contest the inquiry report....
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