A consequential order or charge memo cannot survive if the primary proceedings or orders upon which it is based have been set aside by a competent court.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the orders passed by the 2nd respondent vide File N0.AGCO6- 17026/1/2019- APCOBDCCB-CCRCS dated 29.03.2023, and issuance of subsequent charge memo vide Ref Legal/2023-24 date 15.07.2023 by the respondent, is legally invalid and abuse of process as this Honble Court in W.P.No. 15893 of 2023 as this Honble Court vide orders dated 27.03.2024 allowed the said Writ Petition by setting-aside the orders in File N0.AGCO6- 17026/1/2019- APCOBDCCB-CCRCS dated 29.03.2023 the subsequent proceedings issued is become an infructuous which does not contain any legal sanctity or validity once the orders are suspended the authorities cannot issue further proceedings which is not permissible under law and the act of the authorities are highly unsustainable and highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequentlyset aside the orders passed by the 2nd Respondent in File N0.AGCO6-17026/1/20 19- APCOBDCCB-CCRCS dated 29.03.2023 and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to stay all the further proceedings in respect of the proceedings issued by the 2nd Respondent File No.AGC06-17026/1/2019- APCOBDCCB-CCRCS dated 29.03.2023 as the orders are without following the due procedure as settled principals of law pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1. ELURU SESHA MAHESH BABU

Counsel for the Respondent(S):

1. SURAGANI VIJAYA KUMAR

2. GP FOR SERVICES II

The Court made the following:

ORDER

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the orders passed by the 2nd respondent vide File N0 AGCO6- 17026/1/2019- APCOBDCCB-CCRCS dated 29.03.2023 and issuance of subsequent charge memo vide Ref: Legal/2023-24 date 15.07.2023 by the 4th respondent, is legally invalid and abuse of process as this Hon’ble Court in W.P.No.15893 of 2023 as this Hon’ble Court vide orders dated 27.03.2024 allowed the said Writ Petition by setting- aside the orders in File No.AGCO6- 17026/1/2019-APCOBDCCB- CCRCS dated 29.03.2023 the subsequent proceedings issued is become an infructuous which does not contain any legal sanctity or validity once the orders are suspended the authorities cannot issue further proceedings which is not permissible under law and the act of the authorities are highly unsustainable and highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently set aside the orders passed by the 2nd Respondent in File No.AGCO6-17026/1/2019- APCOBDCCB- CCRCS dated 29.03.2023….”

The brief facts of the case are that while the petitioner was working as Manager at Tadepalligudem Branch, certain irregularities relating to Bank Guarantees were allegedly noticed by the Registrar of Co-operative Societies (RCS). Pursuant thereto, the 2nd respondent issued proceedings dated 29.03.2023 under Section 51 of the Andhra Pradesh Co-operative Societies Act, directing initiation of disciplinary action against the petitioner and 16 others for alleged wilful negligence and dereliction of duties during the period from 2012-2013 to 2018-2019.

The case of the petitioner is that Section 51 of the Act empowers the Registrar either suo motu or on an application made in accordance with law, to hold an enquiry or direct an authorized person to conduct enquiry into the constitution, working and financial condition of a society. It is contended that the Managing Committee i