Allowed

V.Jogiraju at Raja v. The State of Andhra Pradesh

Andhra Pradesh HC21 Jul 2022WP/19430/2022

Case brief

AI extract

What is this about?

This court allowed a writ petition challenging surcharge proceedings. The court quashed the proceedings dated 06.06.2022 as they were conducted without serving material documents and showing transaction details causing loss, in violation of prior directions.

What did the court decide?

Writ petition allowed; surcharge proceedings quashed; matter remanded to conduct proceedings as per directions of 21.10.2020 within six months.

V.Jogiraju at Raja Vs The State of Andhra Pradesh — Company and Corporate | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.19430 of 2022

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ORDER:

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The petitioner, who is the ex-chairman of the respondent No.4 had earlier been served with notices under Section 60 (1) of the AP Cooperative Societies Act, 1964 to show cause why surcharge proceedings should not be initiated on the complaint against the petitioner. It appears that certain other employees of the 4^th respondent society, including the Chief Executive Officer of the 4^th respondent had been served with the same notices. After receipt of the notices, the ex-Chief Executive Officer has approached this Court, by way of W.P.No.19442 of 2020 with the complaint that he is being called upon to show cause against the surcharge proceedings, without the details of the alleged deficiencies or negligence or deliberate action of the ex-Chief Executive Officer which has resulted in loss to the 4^th respondent society. This Court, in I.A.No. 1 of 2020 in W.P.No.19442 of 2020, had passed the following order:

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i) The petitioner shall appear before the respondents; ii) Upon such appearance, petitioner shall be served with proper notices by the respondents setting out the calculation on the basis of which, the figures of misappropriation have been arrived at and the reasons why the petitioner is sought to be made liable for such misappropriation;

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iii) Respondents shall also serve on the petitioner all the copies of material on which, respondents seek to reply in relation to the alleged misappropriation by the petitioner. Upon such notice containing details and upon the material being supplied to the petitioner, he shall file his objections and thereupon respondents shall take up the enquiry.

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Thereafter, the surcharge proceedings dated

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06.06.2022 bearing Rc.No.860/2019-S1 and Rc.No.860/2019S2 requiring the petitioner and other persons named therein to pay jointly and severally an amount of Rs.15,35,37,247/and Rs.77,21,776/- respectively was passed.

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Aggrieved by the said proceedings, the petitioner has approached this Court, by way of the present Writ Petition. It may also be noted that the ex-Chief Executive Officer, who had filed W.P.No.19442 of 2020, had also approached this Court by way of W.P.No.19173 of 2022. The said writ petition has been allowed today on the ground that the directions of this Court dated 21.10.2020 in W.P.No.19442 of 2020 had not been complied with and the matter has been remanded back for a proper disposal of the surcharge proceedings.

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The surcharge proceedings which have been set aside by the order in W.P.No.19173 of 2022 are the surcharge proceedings which are under challenge in the present writ petition.

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In view of the fact that the surcharge proceedings have already been set aside in W.P.19173 of 2022 and in view

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of the fact that the respondents could not place any material before this Court, showing that the petitioner in this case had been served with the material or documents on which the surcharge proceedings were being conducted and in view of the fact that the original show cause notice issued to this petitioner did not contain the details of transactions which are said to have caused loss to the 4^th respondent society, this writ petition also requires to be allowed.

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Accordingly this Writ Petition is allowed setting aside the proceedings dated 06.06.2022 bearing Rc.No.860/2019-S1 and Rc.No.860/2019-S2 and remanding the matter back to the 3^rd respondent, to conduct and pass orders in the surcharge proceedings in accordance with the directions of this Court dated 21.10.2020 in W.P.No.19442 of 2020.

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This exercise has to be completed within six (06) months from the date of receipt of this order. There shall be no order as to costs.

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Miscellaneous petitions, pending if any, shall stand closed.

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__________________________________ JUSTICE R.RAGHUNANDAN RAO

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Date:21.07.2022 MJA/NPA

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THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO

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WRIT PETITION No.19430 of 2022

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Date:21.07.2022

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MJA

V.Jogiraju at Raja v. The State of Andhra Pradesh

Case brief

What is this about?

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V.Jogiraju at Raja v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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