THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY CONTEMPT CASE No.1029 of 2024

ORDER:

This Contempt Case is filed alleging violation of order dated

16.04.2024 passed by this Court in Writ Petition No.1913 of 2024, wherein this Court directed the respondent No.2 therein/respondent herein to furnish a copy of the inquiry report dated 23.03.2022 to the petitioner, within a period of two (02) weeks from the date of receipt of a copy of the order.

2. The brief facts that are necessary for disposal of the contempt case are stated as under:

a) The petitioner herein claiming to be Member and Ex-Secretary of the Jubilee Hills Cooperative House Building Society (hereinafter referred as “Society”) has filed W.P.No.1913 of 2024 stating that elections to the Society were conducted on 21.03.2021 and new committee members including the petitioner were elected to the Managing Committee. It is stated that when some of the members of the Managing Committee committed several irregularities and took decisions in violation of bye-laws of the Society and also provisions of the Telangana Cooperative Societies Act, 1964 (for short “TCS Act”) and the Rules made thereunder, the petitioner questioned the same, for which, the Managing Committee in its meeting held on 11.08.2021, unilaterally revoked the powers as Secretary of the Society. It is further stated that in pursuance of the complaints submitted by some of members of the Society questioning the irregularities committed by the Managing Committee of the Society, the respondent herein as Commissioner for Cooperation and Registrar of Cooperative Societies, initiated statutory enquiry under Section 51 of TCS Act vide proceedings in Rc.No.1169/2022-HG-I dated 23.02.2022 and appointed the Special Cadre Deputy Registrar as Inquiry Officer. The Inquiry Officer issued summons to the petitioner vide Proceedings in Rc.No.01/Inquiry/CHS/2022 on 21.05.2022 and the petitioner participated in the said enquiry and submitted all the relevant documents. It is further stated that the Inquiry Officer has completed inquiry and submitted a report on the file of the respondent herein. It is alleged in the writ affidavit that even after receipt of the Inquiry Report, the respondent herein has not taken any steps to act upon the inquiry report submitted by the Inquiry Officer as per the provisions of the TCS Act and the Rules made thereunder.

b) It is stated that the petitioner herein filed an application under Section 6(1) of Right to Information Act, 2005 (“RTI Act”), requesting to furnish copy of the inquiry report vide Proceedings in Rc.No.1169/2022-HG-I dated 23.03.2022 but instead of furnishing statutory inquiry report, vide Proceedings Rc.No.7445/2023-HG-I dated 26.09.2023 it was informed that the same is under consideration. It is further stated that the petitioner has submitted another application dated 02.09.2023 on the file of the Secretary, Agriculture and Cooperation Department, Telangana (respondent No.1 in W.P) for providing copy of the inquiry report but the same is in vain. It is stated that as per Section 51 of TCS Act, it is mandatory to complete the inquiry within four months and report of the inquiry along with the findings of the Registrar thereon shall be communicated to the managing committee of the society. It is also stated that the petitioner has repeatedly submitted representations to the respondent for furnishing copy of the inquiry report and when all his efforts proved to be in vain, he filed W.P.No.1913 of 2024 on the file of this Court seeking to declare the action of the respondent herein in not furnishing the inquiry report to the petitioner, as illegal, arbitrary and unconstitutional and consequently, prayed this Court to direct the respondent to supply copy of the inquiry report. This Court vide order dated 16.04.2024 disposed of the said writ petition directing the respondent herein to furnish a copy of the inquiry report dated 23.03.2022 to the petitioner, within a period of two(2)

weeks from