Dismissed

Dasari Srinivasa Rao v. the State of Ap

Andhra Pradesh HC5 Nov 2024WP/14124/2023

Case brief

AI extract

What is this about?

The High Court disposed of multiple writ petitions challenging inquiry proceedings and disciplinary actions initiated against bank employees for irregularities in loan disbursement. The Court held that the bank employees, by collusion and fraud, failed to follow mandatory circulars, warranting accountability.

What did the court decide?

All writ petitions dismissed. No order as to costs.

Dasari Srinivasa Rao Vs the State of Ap — Cooperative Societies | Andhra Pradesh HC (2024)

¶1

¶2

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶7

WRIT PETITION Nos.13829. 23152, 13841, 14124, 14126, 14131 1 14134, 14136, 14138, 15186, 15189, 17577,

¶8

17579,I 17582,1 20253 AND 20264 OF 2023

¶9

WRIT PETITION NO: 13829 OF 2023

¶10

Between;

¶11

Nalluri Balakrishna, S/o.Basava Kutumba Rao, aged about 54 years, Occ. Chief Manager, R/o. H.No.4-5-32/23/B, 1®' Line, Extension, Vidya Nagar, Guntur, Guntur District.

¶12

...Petitioner

¶13

AND

¶14

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶15

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83,11 th Line Syamala Nagar, Guntur, Guntur District,

¶16

The District Collector AND Executive Magistrate, Guntur,^Guntur District.

¶17

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶18

The Deputy Registrar of Cooperative Socieites AND Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶19

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶20

The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶21

¶22

The Inquiry Officer, , Perecharla PACS Ltd, Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District.

¶23

...Respondents

¶24

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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in issuing instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioner, based on the inquiry reports submitted by the respondent No.7 in relation to the affairs of the Reddypalem Cooperative Primary Cooperative Society, Reddypalem by his proceedings in Re. No. 704/2022-C dated 31-05-2023 and the inquiry report submitted by the respondent No.8 in relation to the affairs of the Perecharla Cooperative Primary Cooperative Society, Perecharla by his proceedings in Rc. No. 706/2022-C dated 05-06-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions^{oftheAndhraPradesh} Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶25

lA NO: 1 OF 2023

¶26

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 to stay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioner in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.704/2022-C} dated 31-05-2023 and Rc.No. 706/2022-C dated 05-06-2023, during the pendency of the writ petition.

lA NO: 2 OF 2023

Between:

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶31

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83,11 th Line Syamala Nagar, Guntur, Guntur District,

¶32

The District Collector AND Executive Magistrate, Guntur,^Guntur District.

¶33

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶34

The Deputy Registrar of Cooperative Societies AND Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶35

...Petitioners/Respondents

¶36

AND

¶37

Nalluri Balakrishna, S/o.Basava Kutumba Rao, aged about 54 years, Occ. Chief Manager, R/o. H.No.4-5-32/23/B, 1®* Line, Extension, Vidya Nagar, Guntur, Guntur District.

¶38

...Petitioner/Respondent

¶39

Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District.

¶40

The inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶41

The Inquiry Officer, Perecharla PACS Ltd, Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District.

¶42

...Respondents/Respondents

¶43

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 to vacate the interim orders dated 14-06-2023 passed in WP.No. 13829/2022 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶48

...Petitioner/Respondent No.6

¶49

AND

¶50

Nalluri Balakrishna, S/o.Basava Kutumba Rao, aged about 54 years, Occ. Chief Manager, R/o. H.No.4-5-32/23/B, 1®* Line, Extension, Vidya Nagar, Guntur, Guntur District.

¶51

...Respondent/Petitioner

¶52

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶53

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83,11*^ Line Syamala Nagar, Guntur, Guntur District,

¶54

The District Collector AND Executive Magistrate, Guntur, Guntur District.

¶55

The District Co-operative Officer, Collectrate Compound,^Guntur, Guntur District.

¶56

The Deputy Registrar of Cooperative Societies AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶57

The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem,^Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶58

The Inquiry Officer, , Perecharla PACS Ltd, Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District.

¶59

...Respondents/Respondents

¶60

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 to vacate the interim orders in IA.No.1 of^{2023inWP13829of2023} order dt 14-06-2023.

¶61

¶62

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶63

Counsel for the Respondents: GP FOR COOPERATION

¶64

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶65

WRIT PETITION NO: 23152 OF 2023

¶66

Between:

¶67

Pamidimukkala Umadevi, W/o. Nalluri Balakrishna, aged about 55 years, Occ. Branch Manager, R/o. H.No.4-5-32/23/B, 1st Line, Extension, Vidya Nagar, Guntur, Guntur District, Presently at C/o. Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA 19406.

¶68

...Petitioner

¶69

AND

¶70

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶71

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶72

The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District.

¶73

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, , Guntur, Guntur District.

¶74

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District.

¶75

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶76

P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar),^Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectorate Compound, Guntur, Guntur District.

...Respondents

nature of writ of mandamus declaring that the action of the respondent No.3 in directing the respondents 4 to 6 to initiate action against the petitioner under section 60 of the ARCS Act, conditional attachment of the properties of the petitioner under section 73 of ARCS Act 1964, to submit proposal for sanction of prosecution against the petitioner under section 83 (3) of ARCS Act, 1964 and to initiate disciplinary action against the petitioner, vide his proceedings in Rc. No. 697/2022-C, dated 03-08-2023 as illegal, arbitrary, unauthorized, against the principles of natural justice, contrary to the provisions of the Andhra Rradesh Cooperative Societies Act, 1964, and in violation of Articles 14 and 300 A of the Constitution of India, consequently set aside the order in Rc.No.697/2022-C, dated 03-08-2023 passed by the respondent No. 3.

¶81

lA NO: 1 OF 2023

¶82

Retition under Section 151 CRC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 4 to 6 not to initiate civil, criminal or disciplinary action against the petitioner in pursuance of the orders passed by the respondent No.3 in Rc.No. 697/2022-C, dated 03-08-2023, during the pendency of the writ petition.

¶83

lA NO: 2 OF 2023

¶84

Between;

¶85

The State of Andhra Rradesh, rep.by its Rrincipal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶86

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District,

¶87

The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District.

¶88

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶89

...Petitioners/Respondents

¶90

¶91

AND

¶92

Pamidimukkala Umadevi, W/o. Nalluri Balakrishna, aged about 55 years, Occ. Branch Manager, R/o. H.No.4-5-32/23/B, 1®* Line, Extension, Vidya Nagar, Guntur, Guntur District, Presently^atC/o. Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA 19406.

¶93

...Respondent/Petitioner

¶94

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District.

¶95

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶96

P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar),Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectorate Compound, Guntur, Guntur District.

¶97

...Respondents

¶98

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 to vacate the interim order dated 05-09-2023 passed in lA.No. 1/2023 in WP.No. 23152/2023 and dismiss the writ petition.

¶99

lA NO: 1 OF 2024

¶100

Between:

¶101

The Chief Executive Officer, The Guntur District Cooperative^Central Bank Limited, Guntur, Guntur District.

¶102

...Petitioner/Respondent No.6

¶103

AND

¶104

Pamidimukkala Umadevi, W/o. Nalluri Balakrishna, aged about 55 years, Occ. Branch Manager, R/o. H.No.4-5-32/23/B, 1st Line, Extension, Vidya Nagar, Guntur, Guntur District, Presently^atC/o. Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA 19406.

¶105

¶106

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶107

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶108

The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District.

¶109

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶110

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District.

¶111

P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar),^Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectorate Compound, Guntur, Guntur District.

¶112

...Respondents/Respondents

¶113

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 to vacate the interim orders dated 05-09-2023 passed in lA No. 1 of 2023 in WP no. 23152 of 2023.

¶114

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶115

Counsel for the Respondents: GP FOR COOPERATION

¶116

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶117

WRIT PETITION NO: 13841 OF 2023

¶118

Between:

¶119

K Anka Mahendra Rao, S/o. Pakeeraiah aged about 56 years, Occ. Manager, R/o. D.No.62-7-23A, Near Gangannamma Chettu, Patamata, Vijayawada, NTR District.

...Petitioner

AND

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶124

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11**^ Line Syamala Nagar, Guntur, Guntur District,

¶125

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶126

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶127

The Deputy Registrar of Cooperative Socieites and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶128

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶129

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶130

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶131

...Respondents

¶132

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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioner, based on the inquiry reports submitted by the respondent No.7 in relation to the affairs of the Penumaka Cooperative Primary Cooperative Society, Penumaka by his proceedings in Rc. No. 719/2022-C dated 25-05-2023 and the inquiry report submitted by the respondent No.8 in relation to the affairs of the Ippatam Cooperative Primary Cooperative Society, Ippatam by his proceedings in Rc.No 720/2022-C dated 27-05-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions^{oftheAndhraPradesh}

¶133

¶134

Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶135

lA NO: 1 OF 2023

¶136

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 to stay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioner in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.719/2022-C} dated 25-05-2023 and Rc.No. 720/2022-C dated 27-05-2023, during the pendency of the writ petition.

¶137

lA NO: 2 OF 2023

¶138

Between:

¶139

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶140

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶141

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶142

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶143

The Deputy Registrar of Cooperative Socieites and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶144

...Petitioners/Respondents

¶145

AND

¶146

K Anka Mahendra Rao, S/o. Pakeeraiah aged about 56 years, Occ. Manager, R/o. D.No.62-7-23A, Near Gangannamma Chettu, Patamata, Vijayawada, NTR District.

¶147

...Petitioner/Respondent

¶148

¶149

The Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District.

¶150

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶151

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶152

...Respondents/Respondents

¶153

(R2 to R5 in not necessary parties in this petition)

¶154

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 to vacate the interim orders dated 14-06-2023 passed in WP.No. 13841/2022 and dismiss the writ petition.

¶155

lA NO: 3 OF 2023

¶156

Between:

¶157

K Anka Mahendra Rao, S/o. Pakeeraiah aged about 56 years, Occ. Manager, R/o. D.No.62-7-23A, Near Gangannamma Chettu, Patamata, Vijayawada, NTR District.

¶158

...Petitioner

¶159

AND

¶160

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶161

2, Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶162

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶163

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶164

The Deputy Registrar of Cooperative Socieites and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶165

¶166

Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District.

¶167

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶168

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶169

...Respondents 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 to vacate the interim orders in I.A.No. 1 of²⁰²³ⁱⁿ W.P^no13841 of 2023 order Dt 14/6/2023 and as such the writ petition is liable to be dismissed.

¶170

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶171

Counsel for the Respondents: GP FOR COOPERATION

¶172

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶173

WRIT PETITION NO: 14124 OF 2023

¶174

Between:

¶175

Dasari Srinivasa Rao, S/o. Subba Rao, aged about 43 years, Occ. Assistant Manager, R/o. Flat No. 401, Sai Ganesh Towers,^Prasanthi Block, Beside APSRTC bus stand, Chilakaluripet, Palanadu^District.

¶176

...Petitioner

¶177

AND

¶178

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and CooperationDepartment, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶179

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶180

¶181

¶182

The District Collector AND Executive Magistrate, Guntur, Guntur District.

¶183

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶184

The Deputy Registrar of Cooperative Societies AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶185

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶186

The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, PedanandipaduMandal, Guntur District, The Assistant Registrar,Office of the Sub-Divisional Cooperative Officer, Guntur,^{GunturDistrict.}

¶187

The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District.

¶188

...Respondents

¶189

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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4*'^ respondent in issuing instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioner, based on the inquiry reports submitted by the respondent No.7 in relation to the affairs of the Pedanandipadu Cooperative Primary Cooperative Society, Pedanandipadu by his proceedings in Rc. No. 705/2022-C dated 23-05-2023 andⁱⁿ relation to the affairs of the Kakumanu Cooperative Primary Cooperative Society, Kakumanu by the respondent No. 8 in his proceedings^{inRc.No.670/2022-} C dated 27-05-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶190

¶191

lA NO: 1 OF 2023

¶192

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 to stay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioner in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.705/2022-C} dated 23-05-2023 and Rc.No. 670/2022-C dated 27-05-2023, during the pendency of the writ petition.

¶193

lA NO: 2 OF 2023

¶194

Between:

¶195

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶196

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District,

¶197

The District Collector AND Executive Magistrate, Guntur, Guntur District.

¶198

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶199

The Deputy Registrar of Cooperative Societies AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶200

...Petitioners/Respondents

¶201

AND

¶202

Dasari Srinivasa Rao, S/o. Subba Rao, aged about 43 years, Occ. Assistant Manager, R/o. Flat No. 401, Sai Ganesh Towers,^Prasanthi Block, Beside APSRTC bus stand, Chilakaluripet, Palanadu^District.

¶203

...Petitioner/Respondent

¶204

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶205

¶206

The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Guntur, Guntur^District.

¶207

The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur,^Guntur District, The Assistant Registrar, Office of the Sub-Divisional CooperativeOfficer Guntur, Guntur District.

¶208

...Respondents/Respondents

¶209

(R2 to R4 are not necessary parties in this petition)

¶210

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 to vacate the interim orders dated; 19-06-2023 passed in lA.No.1/2023 in WP.No.14124/2023 and dismiss the writ petition.

¶211

lA NO: 1 OF 2024

¶212

Between:

¶213

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶214

...Petitioner/Respondent No.6

¶215

AND

¶216

Dasari Srinivasa Rao, S/o. Subba Rao, aged about 43 years, Occ. Assistant Manager, R/o. Flat No. 401, Sai Ganesh Towers,^Prasanthi Block, Beside APSRTC bus stand, Chilakaluripet, Palanadu^District.

¶217

...Respondent/Writ Petitioner

¶218

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶219

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶220

The District Collector AND Executive Magistrate, , Guntur, Guntur District.

¶221

The District Co-operative Officer, Colicctrate Compound, Guntur, Guntur District.

¶222

¶223

The Deputy Registrar of Cooperative Socieites AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶224

The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Guntur,^{GunturDistrict.}

¶225

The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur,^Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District.

¶226

...Respondents

¶227

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 to vacate the interim orders dated 19/06/2023 passed in lA No 1 of 2023 in W.P.No.14124 of 2023.

¶228

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶229

Counsel for the Respondents: GP FOR COOPERATION

¶230

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶231

WRIT PETITION NO: 14126 OF 2023

¶232

Between:

¶233

Govada Subba Rao, S/o. late Govada Koteswara Rao, aged about 55 years, Occ. Manager, R/o. 4th Line, Munuswami Nagar, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶234

D. Venkata Ramana Kumar, S/o. Krishna Mohana Rao, Aged^about54 years, Occ. Supervisor, R/o. 30-2-151, Sri Raghavendra Nilayam, 6/9 Brodipet, Guntur, Guntur District.

¶235

...Petitioners

¶236

AND

¶237

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶238

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, ll*'^ Line Syamala Nagar, Guntur, Guntur District,

¶239

¶240

The District Collector and Executive Magistrate, Guntur, Guntur District.

¶241

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶242

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶243

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District

¶244

The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District

¶245

The Inquiry Officer, Perecharla PACS Ltd., Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District

¶246

...Respondents

¶247

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therev/ith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4*^ respondent in issuing instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioners, based on the inquiry reports submitted by the respondent No.7 in relation to the affairs of the Reddypalem Cooperative Primary Cooperative Society, Reddypalem by his proceedings in Rc. No. 704/2022-C dated 31-05-2023 and the inquiry report submitted by the respondent No.8 in relation to the affairs of the Perecharla Cooperative Primary Cooperative Society, Perecharla by his proceedings in Rc. No. 706/2022-C dated 05-06-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions^{oftheAndhraPradesh} Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioners.

¶248

¶249

lA NO: 1 OF 2023

¶250

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 to stay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioners in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.704/2022-C} dated 31-05-2023 and Rc.No. 706/2022-C dated 05-06-2023, during the pendency of the writ petition.

¶251

lA NO: 2 OF 2023

¶252

Between:

¶253

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶254

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l‘^ Line Syamala Nagar, Guntur, Guntur District,

¶255

The District Collector and Executive Magistrate, Guntur, Guntur District.

¶256

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶257

The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶258

...Petitioners/Respondents

¶259

AND

¶260

Govada Subba Rao, S/o. late Govada Koteswara Rao, aged about 55 years, Occ. Manager, R/o. 4*^ Line, Munuswami Nagar, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶261

D. Venkata Ramana Kumar, S/o. Krishna Mohana Rao, Aged about 54 years, Occ. Supervisor, R/o. 30-2-151, Sri Raghavendra Nilayam, 6/9 Brodipet, Guntur, Guntur District.

¶262

Chief Executive Officer, The Guntur District Cooperative^Central Bank Limited, Guntur, Guntur District

¶263

¶264

The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District

¶265

The Inquiry Officer, Perecharla PACS Ltd., Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District

¶266

...Respondents/Respondents

¶267

(R3 to R5 are not necessary parties in this petition)

¶268

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 to vacate the interim orders dated: 19-06-2023 passed in 1A.No.1/2023 in WP.No.14126/2023 and dismiss the writ petition.

¶269

lA NO: 3 OF 2023

¶270

Between:

¶271

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District

¶272

...Petitioner/Respondent No.6

¶273

AND

¶274

Govada Subba Rao, S/o. late Govada Koteswara Rao, aged about 55 years, Occ. Manager, R/o. 4th Line, Munuswami Nagar, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶275

D. Venkata Ramana Kumar, S/o. Krishna Mohana Rao, Aged^about54 years, Occ. Supervisor, R/o. 30-2-151, Sri Raghavendra Nilayam, 6/9 Brodipet, Guntur, Guntur District.

¶276

...Respondents/Petitioners

¶277

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶278

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l‘^ Line Syamala Nagar, Guntur, Guntur District,

¶279

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶280

¶281

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶282

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶283

The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District

¶284

The inquiry Officer, Perecharla PACS Ltd., Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District

¶285

...Respondents/Respondents

¶286

¶287

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY

¶288

Counsel for the Respondents: GP FOR COOPERATION

¶289

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶290

WRIT PETITION NO: 14131 OF 2023

¶291

Between:

¶292

Sangapu Venkata Subba Rao, S/o. Abbaiah, aged about 33 years, Occ. Supervisor, R/o. D.No. 4-56, Sankurathripadu village Nadendia Mandal, Palnadu District.

¶293

K. Nagaraju, S/o. Hah Babu, aged about 35 years, Occ. Supervisor, R/o. D.No. 2-73, Near Vegetable Market, Prathipadu village and Mandal, Guntur District

¶294

...Petitioners

¶295

AND

¶296

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶297

¶298

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11 th Line Syamala Nagar, Guntur, Guntur District,

¶299

The District Collector AND Executive Magistrate, Guntur, Guntur District.

¶300

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶301

The Deputy Registrar of Cooperative Socieites AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶302

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶303

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶304

...Respondents

¶305

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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the affairs of the Phirangipuram Cooperative Primary Cooperative Society, Phirangipuram by his proceedings in Re. No. 638/2022-C dated 03-06-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964,^and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings againstthe petitioners.

¶306

lA NO: 1 OF 2023

¶307

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

¶308

¶309

pleased to stay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioners in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.638/2022-C} dated 03-06-2023, during the pendency of the writ petition.

¶310

lA NO: 2 OF 2023

¶311

Between:

¶312

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶313

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶314

The District Collector AND Executive Magistrate, Guntur,^Guntur District.

¶315

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶316

The Deputy Registrar of Cooperative Societies AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶317

...Petitioners/Respondents

¶318

AND

¶319

Sangapu Venkata Subba Rao, S/o. Abbaiah, aged about 33 years, Occ. Supervisor, R/o. D.No. 4-56, Sankurathripadu village Nadendia Mandal, Palnadu District. 2. K. Nagaraju, S/o. Hari Babu, aged about 35 years, Occ. Supervisor, R/o. D.No. 2-73, Near Vegetable Market, Prathipadu village and Mandal, Guntur District

¶320

Chief Executive Officer, The Guntur District Cooperative^Central Bank Limited, Guntur, Guntur District.

¶321

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶322

...Respondents/Respondents

¶323

(R3 7 R4 are not necessary parties in this petition)

¶324

¶325

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 to vacate the interim orders dated: 19-06-2023 passed in lA.No.1/2023 in WP.No.14131/202and dismiss the writ petition.

¶326

lA NO: 3 OF 2023

¶327

Between:

¶328

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶329

...Petitioner/Respondent No.6

¶330

AND

¶331

Sangapu Venkata Subba Rao, S/o. Abbaiah, aged about 33 years, Occ. Supervisor, R/o. D.No. 4-56, Sankurathripadu village Nadendia Mandal, Palnadu District.

¶332

K. Nagaraju, S/o. Hari Babu, aged about 35 years, Occ. Supervisor, R/o. D.No. 2-73, Near Vegetable Market, Prathipadu village and Mandal, Guntur District.

¶333

...Respondents/Petitioners

¶334

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶335

Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District,

¶336

The District Collector AND Executive Magistrate, Guntur,^Guntur District.

¶337

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶338

The Deputy Registrar of Cooperative Socieites AND Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶339

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶340

...Respondents/Respondents

¶341

¶342

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 to vacate the interim orders in IA.no. 1 of²⁰²³ in WP.no. 14131 of 2023 order 19-06-2023 and as such the writ petition.

¶343

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶344

Counsel for the Respondents: GP FOR COOPERATION

¶345

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶346

WRIT PETITION NO: 14134 OF 2023

¶347

Between:

¶348

Dudekula China Kasim, S/o. Mabu, aged about 37 years, Occ. Manager, R/o. H.No.11-949, Sramika Nagar, Ratnala Cheruvu, Mangalagiri, Guntur District.

¶349

...petitioner

¶350

AND

¶351

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶352

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1 Line Syamala Nagar, Guntur, Guntur District,

¶353

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶354

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶355

The Deputy Registrar of Cooperative Socieites and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶356

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶357

The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Gurazala, Palnadu District.

¶358

¶359

The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer, Sattenapalli, Palnadu District.

¶360

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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioner, based on the inquiry reports submitted by the respondent No.7 in relation to the affairs of the Mandadam Cooperative Primary Cooperative Society, Mandadam by his proceedings in Rc. No. 745/2022-C dated 23-05-2023 and the inquiry report submitted by the respondent No.8 in relation to the^{affairsoftheNekkallu} Cooperative Primary Cooperative Society, Nekkallu by his proceedings in Rc.No. 744/2022-C dated 29-05-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions^{oftheAndhraPradesh} Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶361

lA NO: 1 OF 2023

¶362

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 to stay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioner in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.745/2022-C} dated 23-05-2023 and Rc.No. 744/2022-C dated 29-05-2023, during the pendency of the writ petition.

lA NO: 2 OF 2023

Between:

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶367

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11Line Syamala Nagar, Guntur, Guntur District,

¶368

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.} 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶369

The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶370

...Petitioners/Respondents

¶371

AND

¶372

Dudekula China Kasim, S/o. Mabu, aged about 37 years, Occ. Manager, R/o. H.No.11-949, Sramika Nagar, Ratnala Cheruvu Mangalagiri, Guntur District.

¶373

...Petitioner/Respondent

¶374

Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District.

¶375

The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Gurazala, Palnadu District.

¶376

The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer, Sattenapalli, Palnadu District.

¶377

...Respondents/Respondents

¶378

(R2 to R4 are not necessary parties in this petition)

¶379

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

¶380

¶381

pleased to vacate the interim orders dated: 19-06-2023 passed in lA.No.1/2023 in WP.No.14134/2023 and dismiss the writ petition.

¶382

lA NO: 3 OF 2023

¶383

Between:

¶384

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶385

...Petitioner/Respondent No.6

¶386

AND

¶387

Dudekula China Kasim, S/o. Mabu, aged about 37 years, Occ. Manager, R/o. H.No.11-949, Sramika Nagar, Ratnala Cheruvu, Mangalagiri, Guntur District.

¶388

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶389

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District,

¶390

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.} 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶391

The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶392

The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Gurazala, Palnadu District.

¶393

The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer, Sattenapalli, Palnadu District.

¶394

...Respondents/Respondents

¶395

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

¶396

¶397

pleased to vacate the interim orders in I.A.No.1 of 2023 in W.P no 14134 of 2023 order Dt 19/06/2023 and as such the writ petition.

¶398

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶399

Counsel for the Respondents: GP FOR COOPERATION

¶400

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶401

WRIT PETITION NO: 14136 OF 2023

¶402

Between:

¶403

K Rama Mohan Rao, S/o.Ratnam aged about 56 years, Occ. Supervisor, R/o. D.No.27-158, Yuvajana Nagar, Pedakakani village and Mandal, Guntur District

¶404

...Petitioner

¶405

AND

¶406

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶407

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83. 11**^ Line Syamala Nagar, Guntur, Guntur District,

¶408

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶409

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶410

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶411

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶412

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶413

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶414

...Respondents

¶415

¶416

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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioner, based on the inquiry reports submitted by the respondent No.7 in relation to the affairs of the Penumaka Cooperative Primary Cooperative Society, Penumaka by his proceedings in Re. No. 719/2022-C dated 25-05-2023 and the inquiry report submitted by the respondent No.8 in relation to the affairs of the Ippatam Cooperative Primary Cooperative Society, Ippatam by his proceedings in Rc.No. 720/2022-C dated 27-05-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions^{oftheAndhraPradesh} Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶417

lA NO: 1 OF 2023

¶418

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 to slay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioner in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.719/2022-C} dated 25-05-2023 and Rc.No. 720/2022-C dated 27-05-2023, during the pendency of the writ petition.

¶419

lA NO: 2 OF 2023

¶420

Between:

¶421

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶422

¶423

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83. 11th Line Syamala Nagar, Guntur, Guntur District,

¶424

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶425

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶426

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶427

...Petitioners/Respondents

¶428

AND

¶429

K Rama Mohan Rao, S/o.Ratnam aged about 56 years, Occ. Supervisor, R/o. D.No.27-158, Yuvajana Nagar, Pedakakani village and Mandal, Guntur District

¶430

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶431

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶432

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶433

...Respondents/Respondents

¶434

(R2 to R4 are not necessary parties in this petition)

¶435

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 to vacate the interim orders dated: 19-06-2023 passed in lA.No.1/2023 in WP.No. 14136/2023 and dismiss the writ petition.

¶436

lA NO: 3 OF 2023

¶437

Between:

¶438

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶439

...Petitioner/Respondent No.6

¶440

¶441

AND

¶442

K Rama Mohan Rao, S/o.Ratnam aged about 56 years, Occ. Supervisor, R/o. D.No.27-158, Yuvajana Nagar, Pedakakani village and Mandal, Guntur District.

¶443

...Respondent/Petitioner

¶444

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶445

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83. 11th Line Syamala Nagar, Guntur, Guntur District,

¶446

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶447

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶448

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶449

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶450

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶451

...Respondents/Respondents

¶452

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 to vacate the interim orders in LA no 1 of^{2023inW.Pno14136of} 2023 order Dt 19-06- 2023 and as such the writ petition.

¶453

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents; GP FOR COOPERATION

¶454

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶455

¶456

WRIT PETITION NO: 14138 OF 2023

¶457

Between:

¶458

Mandala Venkata Siva Rama Koti Reddy, S/o. Sangi Reddy, aged about 55 years, Occ- Chief Manager, R/o. Sai Sadan Bypass Road, Nudurupadu, Phirangipuram Mandal, Guntur District.

¶459

...Petitioner

¶460

AND

¶461

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶462

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11^'^ Line Syamala Nagar, Guntur, Guntur District,

¶463

The District Collector and Executive Magistrate, Guntur, Guntur District.

¶464

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶465

The Deputy Registrar of Cooperative Socieites and^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶466

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶467

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

...Respondents

his proceedings in Rc. No. 638/2022-C dated 03-06-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964,^and in violation of Articles 14, 21 and 300 A of the Constitution of India, consequently set aside the instructions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner. lA NO: 1 OF 2023 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 to stay of all further proceedings contemplating to initiate criminal, civil and disciplinary action against the petitioner in pursuant to the orders passed by the respondent No. 4 by his proceedings in^{Rc.No.638/2022-C} dated 03-06-2023, during the pendency of the writ petition.

¶472

lA NO: 2 OF 2023

¶473

Between:

¶474

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶475

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶476

The District Collector and Executive Magistrate, Guntur, Guntur District.

¶477

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶478

The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶479

...Petitioners/Respondents

¶480

¶481

1. Mandala Venkata Siva Rama Koti Reddy, S/o. Sangi Reddy, aged about 55 years, Occ- Chief Manager, R/o. Sai Sadan Bypass Road Nudurupadu, Phirangipuram Mandal, Guntur District.

¶482

...Petitioner/Respondent

¶483

¶484

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶485

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶486

...Respondents/Respondents

¶487

(R2 & R3 are not necessary parties in this petition)

¶488

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 to vacate the interim orders dated: 19-06-2023 passed in lA.No.1/2023 in WP.No.14138/2023 and dismiss the writ petition.

¶489

lA NO: 3 OF 2023

¶490

Between:

¶491

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶492

...Petitioner

¶493

AND

¶494

Mandala Venkata Siva Rama Koti Reddy, S/o. Sangi Reddy, aged about 55 years, Occ- Chief Manager, R/o. Sai Sadan Bypass Road, Nudurupadu, Phirangipuram Mandal, Guntur District.

¶495

...Respondent/Petitioner

¶496

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶497

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11**^ Line Syamala Nagar, Guntur, Guntur District,

¶498

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶499

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶500

¶501

¶502

The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶503

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶504

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶505

...Respondents/Respondents

¶506

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 to vacate the interim orders in I.A.No. 1 of 2023ⁱⁿ W.P no 14138 of 2023 order Dt 19/06/2023 and as such the writ petition.

¶507

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶508

Counsel for the Respondents: GP FOR COOPERATION

¶509

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶510

WRIT PETITION NO: 15186 OF 2023

¶511

Between:

¶512

K Srinivasa Rao, S/o. Chinna Venkaiah aged about 54 years, Occ. Assistant General Manager, R/o. Door No. 6-10-627, 1®‘ Lane, Ali Nagar, Old Guntur, Guntur, Guntur District.

¶513

...Petitioner

¶514

AND

¶515

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶516

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶517

The District Collector and Executive Magistrate, , Guntur, Guntur District.

¶518

¶519

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶520

The Deputy Registrar of Cooperative Socieites and^Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶521

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶522

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theDivisional} Cooperative Officer Guntur, Guntur District.

¶523

...Respondents

¶524

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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing directions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary actions against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the affairs of the Ippatam Cooperative Primary Cooperative Society, Ippatam by his proceedings in Rc. No. 720/2022- C dated 27-05-2023 as illegal, arbitrary, against the principles of natural justice, contrary to the provisions^{oftheAndhraPradesh} Cooperative Societies Act, 1964, and in violation of Articles 14 and 300 A of the Constitution of India, consequently set aside the directions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶525

lA NO: 1 OF 2023

¶526

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 to stay of all further proceedings in pursuance of the orders passed by the 4‘^ respondent in Rc.No. 720/2022-C dated 27-05-2023, during the pendency of the writ petition.

lA NO: 2 OF 2023

Between:

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶531

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶532

The District Collector and Executive Magistrate, , Guntur, Guntur District.

¶533

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶534

The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶535

...Petitioners/Respondents

¶536

AND

¶537

K Srinivasa Rao, S/o. Chinna Venkaiah aged about 54 years, Occ. Assistant General Manager, R/o. Door No. 6-10-627, 1®* Lane, Ali Nagar, Old Guntur, Guntur, Guntur District.

¶538

...Petitioner/Respondent

¶539

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶540

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theDivisional} Cooperative Officer Guntur, Guntur District.

¶541

...Respondents/Respondents

¶542

(R2 & R3 are not necessary parties in this petition)

¶543

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 to vacate the interim orders dated: 06-07-2023 passed in lA.No.1/2023 in WP.No.15186/2023 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶548

...Petitioner/Respondent

¶549

AND

¶550

K Srinivasa Rao, S/o. Chinna Venkaiah aged about 54 years, Occ. Assistant General Manager, R/o. Door No. 6-10-627, Lane, AN Nagar, Old Guntur, Guntur, Guntur District.

¶551

...Petitioner/Respondent

¶552

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶553

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶554

The District Collector and Executive Magistrate, , Guntur, Guntur District.

¶555

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶556

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶557

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theDivisional} Cooperative Officer Guntur, Guntur District.

¶558

...Respondents

¶559

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 to vacate the interim orders dated 06-07- 2023 passed in I.A.No. 1/2023 in WP.No. 15186/2023.

¶560

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶561

¶562

Counsel for the Respondents: GP FOR AGRICULTURE

¶563

Counsel for the Respondents: GP FOR COOPERATION

¶564

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶565

WRIT PETITION NO: 15189 OF 2023

¶566

Between:

¶567

M Naganath Rao, S/o. Dasaratha Rao, aged about 50 years, Occ. Assistant General Manager, R/o.Flat No. C-114, Jana Chaitanya Happy Homes, Palakaluru Road, Guntur, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶568

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶569

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶570

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶571

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Tenali, Guntur District.

¶572

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶573

The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office^{oftheDistrict} Cooperative Officer Guntur, Guntur District

...Respondents

disciplinary actions against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the^{affairsoftheKakumanu} Cooperative Primary Cooperative Society, Kakumanu by his proceedings in Rc. No. 670/2022-C dated 27-05-2023 as illegal, arbitrary, against the principles of natural justice, . contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation^{ofArticles14and} 300 A of the Constitution of India, consequently set^aside the directions given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶578

lA NO: 1 OF 2023

¶579

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 be pleased to stay of all further proceedings in pursuance of the orders passed by the 4‘^ respondent in Rc.No. 670/2022-C dated 27-052023, during the pendency of the writ petition.

¶580

lA NO: 2 OF 2023

¶581

Between;

¶582

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶583

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l‘^ Line Syamala Nagar, Guntur, Guntur District,

¶584

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.} 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶585

The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Tenali, Guntur District.

¶586

...Petitioners/Respondents

¶587

AND

¶588

¶589

M Naganath Rao, S/o. Dasaratha Rao, aged about 50 years, Occ. Assistant General Manager, R/o.Flat No. C-114, Jana Chaitanya Happy Homes, Palakaluru Road, Guntur, Guntur District.

¶590

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶591

The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office^{oftheDistrict} Cooperative Officer Guntur, Guntur District

¶592

...Respondents/Respondents

¶593

(R2 & R3 are not necessary parties in this petition)

¶594

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 to vacate the interim orders dated: 06-07-2023 passed in lA.No.1/2023 in WP.No. 15189/2023 and dismiss the writ petition.

¶595

lA NO: 3 OF 2023

¶596

Between:

¶597

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶598

...Petitioner/Respondent No.6

¶599

AND

¶600

M Naganath Rao, S/o. Dasaratha Rao, aged about 50 years, Occ. Assistant General Manager, R/o.Flat No. C-114, Jana Chaitanya Happy Homes, Palakaluru Road, Guntur, Guntur District.

¶601

...Petitioner/Respondent

¶602

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶603

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, if'' Line Syamala Nagar, Guntur, Guntur District,

¶604

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶605

¶606

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶607

The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Tenali, Guntur District.

¶608

The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office^{oftheDistrict} Cooperative Officer Guntur, Guntur District

¶609

...Respondents

¶610

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 to vacate the interim orders dated 06-07-2023 passed in lA.No. 1/2023 in WP.No. 15189/2023.

¶611

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶612

Counsel for the Respondents: GP FOR AGRICULTURE

¶613

Counsel for the Respondents: GP FOR COOPERATION

¶614

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶615

WRIT PETITION NO: 17577 OF 2023

¶616

Between:

¶617

K Jayalakshmi, W/o. B. Ramesh, aged about 47 years, Occ. Deputy General Manager, GDCC Bank, R/o. H. No. 10-66-3, HUDA Plots, Chenchupet, Tenali, Guntur District.

¶618

...Petitioner

¶619

AND

¶620

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶621

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur, Guntur District,

¶622

The Collector and District Magistrate, , Guntur, Guntur^District.

¶623

¶624

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶625

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶626

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶627

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶628

E. Ratnavathi, The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶629

D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶630

...Respondents

¶631

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 to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declaring that the finding given by the 8th respondent that the petitioner is an abettor to the accused delinquents is arbitrary, illegal and based on no evidence and the action of the 3 rd respondent in issuing instructions to the respondents^4to6 to initiate the criminal, civil and disciplinary actions against the petitioner, based on the inquiry report submitted by the respondent No.8 in^relation to the affairs of the seven (7) Primary Agricultural Cooperative Societies and Prathipadu Branch of the 5th respondent Bank vide his proceedings in Rc. No. 509/2022-C1, dated 08-07-2023 as illegal, arbitrary, unauthorised, against the principles of natural justice, contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation^{ofArticles14and} 300 A of the Constitution of India, consequently set aside the order in Rc.No.509/2022-C1, dated 08-07-2023 passed by the respondent^No. 3 in

¶632

¶633

instructing the respondents 4 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶634

lA NO: 1 OF 2023

¶635

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 to direct the respondents 4 to 6 not to take any criminal, civil or disciplinary action against the petitioner in pursuance of the orders passed by the 3"'^ respondent in Rc.No. 509/2022-C1, dated 08-07-2023, during the pendency of the writ petition.

¶636

lA NO: 2 OF 2023

¶637

Between:

¶638

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶639

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶640

The Collector and District Magistrate, Guntur, Guntur^District.

¶641

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶642

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶643

...Petitioner/Respondent

¶644

AND

¶645

K Jayalakshmi, W/o. B. Ramesh, aged about 47 years, Occ. Deputy General Manager, GDCC Bank, R/o. H. No. 10-66-3, HUDA Plots, Chenchupet, Tenali, Guntur District.

¶646

...Petitioner/Respondent

¶647

Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District.

¶648

¶649

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District.

¶650

E. Ratnavathi, The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶651

D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶652

...Respondents/Respondents

¶653

(R2 to R5 are not necessary parties in this petition)

¶654

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 to vacate the interim orders dated: 18-07-2023 in lA.No.1/2023 in WP.No.17577/2023 and dismiss the writ petition.

¶655

lA NO: 1 OF 2024

¶656

Between:

¶657

The Chief Executive Officer, The Guntur District Cooperative^Central Bank Limited, Guntur, Guntur District.

¶658

...Petitioner/Respondent No.5

¶659

AND

¶660

K Jayalakshmi, W/o. B. Ramesh, aged about 47 years, Occ. Deputy General Manager, GDCC Bank, R/o. H.No.10-66-3, HUDA Plots, Chenchupet, Tenali, Guntur District.

¶661

...Respondents/Writ Petitioner

¶662

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶663

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶664

The Collector and District Magistrate, Guntur, Guntur^District.

¶665

¶666

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶667

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶668

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶669

E. Ratnavathi, The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶670

D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶671

...Respondents/Respondent

¶672

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 to vacate the interim orders dated 18/07/2023 passed in IA.No.1 of 2023 in W.P. No 17577 of 2023.

¶673

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶674

Counsel for the Respondents: GP FOR AGRICULTURE

¶675

Counsel for the Respondents: GP FOR COOPERATION

¶676

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶677

WRIT PETITION NO: 17579 OF 2023

¶678

Between:

¶679

G. Srinivasa Rao, S/o. Venkateswarlu, aged about 51 years, Occ. Asst. Manager/Supervisor GDCC Bank, R/o. D.No. 2-163/A, Prathipadu Village, Prathipadu Mandal, Guntur District

...Petitioner

AND

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶684

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶685

The Collector and District Magistrate, Guntur, Guntur^District.

¶686

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶687

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶688

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶689

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶690

E. Ratnavathi, / The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶691

D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

...Respondents

509/2022-C1, dated 08-07-2023 as illegal, arbitrary, unauthorised, against the principles of natural justice, contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation of Articles 14 and 300 A of the Constitution of India, consequently set aside the order in Rc.No.509/2022-C1, dated 08-07-2023 passed by the respondent^No.3 in instructing the respondents 4 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶696

lA NO: 1 OF 2023

¶697

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 to direct the respondents 4 to 6 not to take any criminal, civil or disciplinary action against the petitioner in pursuance of the orders passed by the 3'’'^ respondent in Rc.No. 509/2022-C1, dated 08-07-2023, during the pendency of the writ petition.

¶698

lA NO: 2 OF 2023

¶699

Between:

¶700

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶701

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶702

The Collector and District Magistrate, Guntur, Guntur^District.

¶703

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶704

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶705

...Petitioners/Respondents

¶706

AND

¶707

¶708

G. Srinivasa Rao, S/o. Venkateswarlu, aged about 51 years, Occ. Asst. Manager/Supervisor GDCC Bank, R/o. D.No. 2-163/A, Prathipadu Village, Prathipadu Mandal, Guntur District.

¶709

...Petitioner/Respondent

¶710

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶711

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District.

¶712

E. Ratnavathi, / The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶713

D. M. Rama Rao, S/o. not known to the petitioner, Aged about 80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶714

...Respondents/Respondents

¶715

(R2 to R4 are not necessary parties in this petition)

¶716

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 to vacate the interim orders dated: 18-07-2023 passed in lA.No.1/2023 in WP.No. 17579/2023 and dismiss the writ petition.

¶717

lA NO: 1 OF 2024

¶718

Between:

¶719

The Chief Executive Officer, The Guntur District Cooperative^Central Bank Limited, Guntur, Guntur District.

¶720

...Petitioner/Respondent No.5

¶721

AND

¶722

G. Srinivasa Rao, S/o. Venkateswarlu, aged about 51 years, Occ. Asst. Manager/Supervisor GDCC Bank, R/o. D.No. 2-163/A, Prathipadu Village, Prathipadu Mandal, Guntur District.

¶723

...Respondent/Writ Petitioner

¶724

¶725

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶726

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶727

The Collector and District Magistrate, Guntur, Guntur^District.

¶728

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶729

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶730

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶731

E. Ratnavathi, / The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶732

D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶733

...Respondents

¶734

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 to vacate the interim orders dated 18/07/2023 passed in IA.No.1 of 2023 in WP No. 17579 of 2023.

¶735

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR AGRICULTURE

¶736

Counsel for the Respondents: GP FOR COOPERATION

¶737

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶738

¶739

WRIT PETITION NO: 17582 OF 2023

¶740

Between:

¶741

D Aruna Kumari, W/o. P. Sudheer, aged about 41 years, Occ. Manager GDCC Bank, R/o.H.No. 8-10-205/B, 1st Lane, Nehru Nagar, Guntur, Guntur District.

¶742

T. Brahmeswari, W/o. M.V. Koteswara Rao, aged about 29 years, Occ. Manager GDCC Bank, R/o. D.No. 8-84, Gottipadu village, Prathipadu Mandal, Guntur District.

¶743

Guntupalli Sambasiva Rao, S/o. Venka.teswarlu, aged about 59 years, Occ. Cashier GDCC Bank, R/o. D.No. 6-80, Gottipadu village, Prathipadu Mandal, Guntur District.

¶744

...Petitioners

¶745

AND

¶746

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶747

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur, Guntur District.

¶748

The Collector and District Magistrate, Guntur, Guntur^District.

¶749

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶750

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶751

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶752

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶753

E. Ratnavathi / The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶754

D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶755

...Respondents

¶756

¶757

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therev/ith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declaring that the finding given by the 8th respondent that the petitioners are abettors to the accused delinquents is arbitrary, illegal and based on no evidence and the action of the 3rd respondent in issuing instructions to the respondents^4to6to initiate the criminal, civil and disciplinary actions against the petitioners, based on the inquiry report submitted by the respondent No.8 in^{relationtotheaffairsof} the seven (7) Primary Agricultural Cooperative Societies and Prathipadu Branch of the 5*'^ respondent Bank vide his proceedings in Rc. No. 509/2022-C1, dated 08- 07-2023 as illegal, arbitrary, unauthorised, against the principles of natural justice, contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation^{ofArticles14and} 300 A of the Constitution of India, consequently set aside the order in Rc.No.509/2022-C1, dated 08-07-2023 passed by the respondent^No. 3 in instructing the respondents 4 and 6 to initiate criminal, civil and disciplinary proceedings against the petitioners.

¶758

lA NO: 1 OF 2023

¶759

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 to direct the respondents 4 to 6 not to take any criminal, civil or disciplinary action against the petitioners in pursuance of the orders passed by the 3'^^ respondent in Rc.No. 509/2022-C1, dated 08-07-2023, during the pendency of the writ petition.

¶760

lA NO: 2 OF 2023

¶761

Between:

¶762

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶763

¶764

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11**" Line Syamala Nagar, Guntur, Guntur District.

¶765

The Collector and District Magistrate, Guntur, Guntur^District.

¶766

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶767

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶768

...Petitioners/Respondents

¶769

AND

¶770

D Aruna Kumari, W/o. P. Sudheer, aged about 41 years, Occ. Manager GDCC Bank, R/o.H.No. 8-10-205/B, 1st Lane, Nehru Nagar, Guntur, Guntur District.

¶771

T. Brahmeswari, W/o. M.V. Koteswara Rao, aged about 29 years, Occ. Manager GDCC Bank, R/o. D.No. 8-84, Gottipadu village, Prathipadu Mandal, Guntur District.

¶772

Guntupalli Sambasiva Rao, S/o. Venka.teswarlu, aged^about59 years, Occ. Cashier GDCC Bank, R/o. D.No. 6-80, Gottipadu village, Prathipadu Mandal, Guntur District.

¶773

...Petitioners/Respondents

¶774

Chief Executive Officer, The Guntur District Cooperative^Central Bank Limited, Guntur, Guntur District.

¶775

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶776

E. Ratnavathi / The Inquiry Officer(Divisional Cooperative Officer), Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶777

D. M. Rama Rao, S/o. not known to the petitioner. Aged^about80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶778

...Respondents/Respondents

¶779

(R4 to R7 are not necessary parties in this petition)

¶780

¶781

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 to vacate the interim orders dated: 18-07-2023 in lA.No.1/2023 in WP.No.17582/2023 and dismiss the writ petition.

¶782

lA NO: 1 OF 2024

¶783

Between:

¶784

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶785

...Petitioner/Respondent No.5

¶786

AND

¶787

D Aruna Kumari, W/o. P. Sudheer, aged about 41 years, Occ. Manager GDCC Bank, R/o.H.No. 8-10-205/B, 1st Lane, Nehru Nagar, Guntur, Guntur District.

¶788

T. Brahmeswari, W/o. M.V. Koteswara Rao, aged about 29 years, Occ. Manager GDCC Bank, R/o. D.No. 8-84, Gottipadu village, Prathipadu Mandal, Guntur District.

¶789

Guntupalli Sambasiva Rao, S/o. Venka.teswarlu, aged about 59 years, Occ. Cashier GDCC Bank, R/o. D.No. 6-80, Gottipadu village, Prathipadu Mandal, Guntur District.

¶790

...Respondents/Petitioners

¶791

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶792

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, Line Syamala Nagar, Guntur, Guntur District,

¶793

The Collector and District Magistrate, Guntur, Guntur^District.

¶794

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶795

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶796

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶797

¶798

E. Ratnavathi / The Inquiry Officer(Divisional Cooperative Officer) Prathipadu and 7 Primary Agriculture Cooperative Societies,^O/o. Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur District.

¶799

D. M. Rama Rao, S/o. not kno\A/n to the petitioner. Aged about 80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶800

...Respondents/Respondents

¶801

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 to vacate the interim order dated 18-07-2023 in lA no 1 of 2023 in W.P no 17582 of 2023 and as such the writ petition^{isliabletobedismissed.}

¶802

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR AGRICULTURE Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶803

WRIT PETITION NO: 20253 OF 2023

¶804

Between:

¶805

K Madhavi, W/o. E. Surya Narayana, aged about 52 years, Occ. Deputy General Manager of GDCC Bank, R/o. Flat No. 113, Sivam Enclave, Sultanabad, Tenali, Guntur District.

¶806

...Petitioner

¶807

AND

¶808

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶809

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1Line Syamala Nagar, Guntur, Guntur District,

¶810

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶811

¶812

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶813

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶814

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶815

P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District.

¶816

...Respondents

¶817

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 to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondent No.3 in directing the respondent No. 5 to take action against the petitioner under section 60 of the APCS Act and directing the Respondent^{No.6toinitiate} disciplinary action against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the^{affairsoftheGorantia} Primary Agricultural Cooperative. Society, vide his proceedings in Rc. N 697/2022-C, dated 03-08-2023 as illegal, arbitrary, unatithorised, against the principles of natural justice, contrary to the provisions^{oftheAndhraPradesh} Cooperative Societies Act, 1964, and in violation of^{Articles.14and300Aof} the Constitution of India, consequently set aside the order in Rc.No.697/2022-C, dated 03-08-2023 passed by the respondent^No.3.

¶818

lA NO: 1 OF 2023

¶819

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 to direct the respondents Sand 6 not to take any action under section 60 of APCS Act and initiate disciplinary action against the petitioner in pursuance of the orders passed by the respondent No.3 in R.c.No. 697/2022-C, dated 03-08- 2023, during the pendency of the writ petition.

lA NO: 2 OF 2023

Between:

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶824

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District,

¶825

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶826

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶827

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District.

¶828

...Petitioners/Respondents

¶829

AND

¶830

K Madhavi, W/o. E. Surya Narayana, aged about 52 years, Occ. Deputy General Manager of GDCC Bank, R/o. Flat No. 113, Sivam Enclave, Sultanabad, Tenali, Guntur District.

¶831

...Respondent/Petitioner

¶832

Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District.

¶833

P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar),^Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District.

¶834

...Respondents/Respondents

¶835

(R2 & R3 is not necessary parties in this petition)

¶836

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 to vacate the interim order dated:09-08-2023 in WP.No.20253/2023 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

K Madhavi, W/o. E. Surya Narayana, aged about 52 years, Occ. Deputy General Manager of GDCC Bank, R/o. Flat No. 113, Sivam Enclave, Sultanabad, Tenali, Guntur District.

¶841

...Petitioner

¶842

AND

¶843

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶844

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District,

¶845

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶846

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶847

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶848

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶849

P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar),^Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District.

¶850

...Respondents

¶851

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 to vacate the interim orders dated 09-08-2023 passed in I.A.No. 1/2023 in WP.No.20253/2023 and dismiss the writ petition.

¶852

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION

¶853

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶854

¶855

WRIT PETITION NO: 20264 OF 2023

¶856

Between:

¶857

G Subba Rao, S/o. late G. Koteswara Rao, aged about 55 years, Occ. Supervisor, R/o. H.No. 11-936/1, Munuswamy Nagar, 4 th Lane. Nagaralu, Guntur, Guntur District.

¶858

G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years, Occ. Supervisor, R/o. 3-15, Prathipadu village, Prathipadu Mandal, Guntur District

¶859

...Petitioners

¶860

AND

¶861

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶862

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶863

The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶864

The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District,

¶865

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶866

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶867

P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District.

¶868

...Respondents

¶869

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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'^'^ respondent in

¶870

¶871

authorizing the 4‘^ respondent for recovery of the specified amount of Rs.1,93,43,773/as recommended by the 7 th respondent from the petitioners, to initiate conditional attachment of the properties of the petitioners under Section 73 of the A.P.C.S Act, 1964 directing the respondent No.5 to submit proposals for sanction prosecution against the petitioners as mentioned in the Section 51 Inquiry Report under Section 83 (3) of the A.P.C.S Act, 1964 directing the respondent No.6 to initiate necessary disciplinary action against the petitioners, based on the inquiry report submitted by the respondent No.7 by his order in Rc.No.697/2022-C1, dated 03-08-2023 as illegal, arbitrary, unauthorized against the principles of natural justice, contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation of^{Articles14and300} A^of the Constitution of India, consequently set aside the order passed by the respondent No. 3 in Rc.No.697/2022-C, dated 03-08-2023.

¶872

lA NO: 1 OF 2023

¶873

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 to direct the respondents 4 to 6 not to take any criminal, civil or disciplinary action against the petitioners in pursuance of the orders passed by the 3'’^ respondent in Rc.No. 697/2022-C, dated 03-08-2023, during the pendency of the writ petition.

¶874

lA NO: 2 OF 2023

¶875

Between:

¶876

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶877

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶878

¶879

The District Co-operative Officer, Collectrate Compound, Gunt Guntur District.

¶880

Audit Officer, Syamala Nagar, Guntur,

¶881

1. The District Cooperative Guntur District.

¶882

and Divisional Co-

¶883

5 The Deputy Registrar of Cooperative Societies opLtive Officer, Guntur, Guntur District.

¶884

...Petitioners

¶885

AND

¶886

Nagaralu, Guntur, Guntur District.

¶887

G. Guntur District.

¶888

...Respondents/Petitioners

¶889

District Cooperative Central

¶890

3 Chief Executive Officer, The Guntur Bank Limited. Guntur, Guntur District.

¶891

Gorantla

¶892

4, P. Jayanthi Devi/ The Primary Agriculture Coop Q^ntur Guntur District. Officer, Collectrate Compound, Guntur, i:.uniu

¶893

...Respondents/Respondents

¶894

not necessary parties in this petition) (R3 & R4 are

¶895

ina that in the circumstances Petition under Section 151 CPC praying . , the High Court may be stated in the affidavit filed in support of the datedpetition09-08-2023 in WP.No. the interim order pleased to vacate 20264/2023 and dismiss the writ petition.

¶896

ian10:3 0F 202_3

¶897

Between:

¶898

Cooperative Central Bank The Guntur District Chief Executive Officer Limited, Guntur, Guntur District.

¶899

...Petitioner/Respondent No.6

¶900

¶901

AND

¶902

G Subba Rao, S/o. late G. Koteswara Rao, aged about 55 years Occ. Supervisor, R/o. H.No. 11-936/1, Munuswamy Nagar,^{4*'^Lane} Nagaralu, Guntur, Guntur District.

¶903

G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years, Occ. Supervisor, R/o. 3-15, Prathipadu village, Prathipadu^Mandal, Guntur District.

¶904

...Respondents/Petitioners

¶905

The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶906

Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District,

¶907

The District Co-operative Officer, Collectrate Compound,^Guntur, Guntur District.

¶908

The District Cooperative Audit Officer, Syamala Nagar,^Guntur, Guntur District,

¶909

The Deputy Registrar of Cooperative Societies and Divisional^Co operative Officer, Guntur, Guntur District.

¶910

P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar),^Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District.

¶911

...Respondents/Respondents

¶912

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 to vacate the interim orders in I.A.No.1 of^{2023inW.P.No.20264of} 2023 order dt. 09-08-2023 and as such the writ petition.

¶913

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶914

Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶915

The Court made the following common order:

¶916

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶917

WRIT PETITION Nos.13829. 23152, 13841. 14124. 14126. 14131 14134, 14136. 14138, 15186, 15189. 17577. 17579, 17582, 20253 AND 20264 OF 2023

¶918

COMMON ORDER:

¶919

The present Writ Petitions are filed under Article 226 of the Constitution of India and since the issue in all the Writ Petitions is similar, they are being disposed of by this common^order.

¶920

The batch of Writ Petitions are filed to issue a writ order or direction more particularly one in the nature of writ^of mandamus^to « declare the inquiry conducted under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, ‘the Act 1964’) by the respondent No.8, i.e.. Inquiry Officer/Assistant Registrar,^Officeofthe Sub-Divisional Cooperative Officer, in the affairs of the Primary Agricultural Cooperative Society, and the consequential proceedings Rc.No.706/2022-C dated 05.06.2023, as illegal, arbitrary and against the principles of natural justice and also contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, ‘the Act 1964’), and also in violation of Articles 14, 21 and 300A of the Constitution of India and, consequently, prayed to set aside the

¶921

¶922

instructions given by the respondent No.4 to the respondents^5and6to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶923

CONTENTS OF INQUIRY REPORT:

¶924

An enquiry under Section 51 of the'Act 1964 was conducted into the affairs of Reddypalem Primary Agricultural Cooperative Society and other Primary Agricultural Cooperative Societies. As^seen from the impugned order dated 31.05.2023, the Deputy Registrar of Cooperative Societies and Divisional Cooperative Officer, who conducted periodical inspection of the Primary Agricultural Cooperative Society (PACS) for the period from 01.04.2021 to 30.09.2021, and observed that fake loans were granted and submitted preliminary report stating that they have identified certain irregular loans issued by the petitioners and recommended for inquiry under Section 51 of the Act^1964.

¶925

Accordingly, the 4*'^ respondent-District Cooperative Officer, Guntur, ordered an inquiry under Section 51 of the^Act1964 into the affairs of the Reddypalem PACS and other PACSs.

¶926

As seen from the inquiry report, which is impugned in the present Writ Petition that it conveys or transpires or communicate^thattheChief Executive Officer of the Society recorded in the minutes that the

¶927

¶928

¶929

petitioners'-herein have granted membership, as if the meeting was conducted for issuance of the membership and on the same day, loans were granted to the said members and the committee members^have not signed on the minutes, but at the same time, the^threemember Managing Committee signed on the loan filed which are quite irregular. And out of granting loans to 55 members, only 50 members^takenCC& KCC to a tune of Rs.2,99,00,000/- leaving 5 fake members^asbalance and the said loans were granted contrary to the circulars issued by the Administrative Office, while sanctioning loans .without identifying the members by way of field inspection by the Manager, Supervisor and Chief Executive Officer of the Society and after conducting^the field inspection, a certificate shall be appended to the loan file, then only the petitioners have to sanction the loan amount and the same was deviated by the Managers, Supervisors and Chief Executive^Officer. 6. It is also asserted in the inquiry report that the^{bankofficialsalso} opened the SB accounts to the fake members without verifying the Aadhar and PAN cards which resulted the misappropriation of funds towards benami loans. More so, the Bank Managers as well as Supervisors, CEOs have not followed the cash credit circulars issued by the Administrative Office and the Inquiry Officer also opined that if the

¶930

¶931

bank officials followed the circular issued by the^{AdministrativeOffice} they'can also stop payments, but in this aspect, they^{werecolludedwith} the delinquents.

¶932

In this connection, the revenue officials are also mainly colluded with the fake members for exhibiting and uploading^{fakemutationswith} RSR does not follow the guidelines of the Chief Commissioner^ofthe Land Administration in which CCLA’s Circular No.LR.il/ROR2/7128/ 2016 dated and G.O.Ms.No.271 of Revenue Department dated 01.07.2016, where the Government of Andhra Pradesh issued to all the Tahsildars and District'Collectors and all the connected persons those who are authorized to conduct mutations in connection with the sale. gift, partition, etc. And out of 50 cases of benami loans, 45 cases were relating to Machavaram Mandal and the rest of 5 cases relating to Bellamkonda Mandal uploading directly the names of^{fakemembersinto} the web land without having survey numbers and extent^andthedates of uploading and deletion, if any, those who caused for the above lapses.

¶933

The Inquiry Officer also reported that in connection^withtheSub Registrar’s Office, out of 50 fake members, the mortgage registration was done in favour of the fake members only 40 members^andSROs

¶934

¶935

¶936

found the'said survey numbers in the web land at that time, but in respect of 10 fake loans, Piduguralla Sub-Registrar^{informedthatthe} mortgage registrations as well as encumbrance certificates were registered in favour of fake lonees and found to be fake mortgaged bonds and fake encumbrance certificates. 9. Basing upon the inquiry report, the Joint Registrar, District Cooperative Officer, vide proceedings in Rc.No.706/2022-C dated 05.06.2023, has directed to initiate civil, criminal and disciplinary proceedings against the petitioners herein.

¶937

CONTENTIONS OF THE WRIT PETITIONERS AS PER THE AFFIDAVIT:

¶938

Assailing the said inquiry report dated 31.05.2023^underSection 51 of the Act 1964 and the proceedings of the Joint Registrar dated 05.06.2023, directing to initiate civil, criminal and disciplinary action against the petitioners, the present Writ Petition are filed on the ground that the petitioners are not the employees of the respective^PACSsand the petitioners are not responsible for the loss caused to the said societies and the petitioner did not violate any rules^{inforceandthe4} th respondent-District Cooperative Officer has no power or authority or jurisdiction to give instructions to the Deputy Registrar of Cooperative

¶939

¶940

¶941

Officer, who is arrayed as 5 Divisional Cooperative Societies and Guntur District Cooperative Chjef Executive Officer respondent, and the to initiate civil, 6^*^ responderit Central Bank Limited, who is arrayed as and the finding of ion against the petitioners criminal and disciplinary action _ that the bank officials^{colludedwiththeManagement} the inquiry officer is false and baseless societies is Officer of the respective Chief Executive is not able to that the petitioner irv officer and the finding of inquiry but violation of pan cards is nothing Aadhar and technically check-up to time and the Bank of India from time circulars issued by the Reserve nearest mee-seva in the to check-up petitioner has not preferred no evidence. unreasonable and based on kendram is misconceived

¶942

is not available with the in fact, e-KYC is 11. And further contended that in obligation on the in force which imposes an is no circular in bank and there is of the agricultural land which is conduct field inspection Manager to which has been pads before disbursing the amount mortgaged to favour of the concerned PACS m and granted by the sanctioned officials of the bank cast upon the is no obligation members and there is mortgaged in favour of the of the land which was for physical verification PACS and the granted by the for the loan societies respective of the bank in ; issued against the employees surcharge proceedings

¶943

¶944

¶945

pursuanMo the report submitted by the inquiry officer under Section 51 of the'' Act 1964 is without jurisdiction, as per the orders in W.P.Nos.22815, 22828 and 228209 of 2009 of the common High Court and the conjoint reading of relief of Sections 59 and 60 of the Act 1964 makes it clear that the surcharge proceedings cannot be taken against non-employees, non-office bearers or non-members of the society and the action taken against the employees of the bank or held to be without jurisdiction. In order to attract Section 60 of the Act 1964 there must be a loss caused to the bank and the loss caused go the society cannot be a cause of action for proceeding against the employees of the bank.

¶946

Though the employees of the bank are connected with the process of sanctioning loans and the bank itself is a society, no action can be taken against the employee of the another society ‘Bank’ in respect of irregularities committed in a society. Managers of the respective branches have verified the title deeds passbooks, 1-B, E.C. Adangal and also the mortgage deed executed by the member of the society in favour of the society and then only the^loans were disbursed. The allegation against the petitioner and other persons who obtained loans from the PACSs have colluded with the CEOs and Managing Commffte.es of the respective PACSs is false, baseless and

¶947

¶948

misconceived. Hence, prayed to set aside the impugned enquiry under \ Section 51 of the Act 1964 dated 31.05.2023 and the consequential order for initiating civil, criminal and disciplinary proceedings dated 05.06.2023.

¶949

To substantiate their contentions raised in the affidavits filed in support of the Writ Petitions, learned counsel appearing for the petitioners in all the Writ Petitions, relied on the following judgments:

¶950

(1) K.Satyanarayana and others v. A.P. Co-operative Tribunal Visakhapatnam, Visakhapatnam and others^ for^the proposition that though the employees of the bank are connected in the process of sanction of the loans and the bank itself is a society, no action can be taken against^the employees of another Society, "Bank” in respect of the irregularities committed in a Society.

¶951

(2) Dr. V.K. John v. G.Vasantha Pai and another^, to explain the meaning of “Circular”.

¶952

(3) Co-operative Marketing Society, Anakapalle v. Pentakotia Sriramulu^, for the proposition that in order to attract its applicability, it is necessary that either an audit^underSection 37 or an inquiry under Section 38 or an inspection^under

¶953

^ AIR 1957 Madras 320

¶954

^ 1960(1) ALT 102 (D.B.)

¶955

'2018(1)ALD555

¶956

¶957

Section" 39 should disclose that persons in management have'' misappropriated funds, then only the persons concerned would be surcharged under this Section.

¶958

Tribunal, Hyderabad and (4) S Balappa v. Co-operative within the others^ for the proposition that ot bring a case that any person who scope of Section 60, it shouid appear management of the society or any past has taken part in the has misappropriated or or present officer of the society other property or has fraudulently retained any money or relation to the society and it been guilty of breach of trust in of the audit or enquiry or in must also appear in the course the winding up of a society, the said an inspection or on recovered from the concerned amount had fallen due to be person.

¶959

TO R3 AS PER r^nx/PRMMENT PLEADER_FOR_Rl rnNiTFNTIONS OF THF COUNTER:

¶960

raised by the writ petitioners, the contentions 14. Repelling learned Government Pleader, 2 3 and 5, through the respondents 1 filed their counter and stated that the^{ChiefExecutiveOfficersofthe} to the persons \A/ho are not PACSs had issued irregular loans respective of the PACSs by holding agricultural land ini the area of operation 19 of the Act 1964, as No.6 of the society and Section violating bye-law

¶961

“ 2005 (2) ALT 137 (S.B.)

¶962

¶963

¶964

such, ah inquiry was ordered under Section 51 of the^{Act1964intothe} affairs of the PACS to conduct a detailed inquiry and to fix-up the responsibility.

¶965

The 5^'^ respondent-Deputy Registrar of Cooperative Societies and Divisional Cooperative Officer recommended to order an inquiry under Section 51 of the Act 1964 basing on the findings of the Inspection Officer/Senior Inspector, Periodical Inspection^{Officer,Office} of the Sub Divisional Cooperative Officer, Guntur,^{theChiefExecutive} Officer, Perecherla PACS Limited, the four members^{hadsanctioned} eight benami KCC and CC loans for Rs. 18,00,000/-, the Manager and Supervisor opened SB accounts in the branch concerned in favour of the fake borrowers without following the KYC norms and without insisting about the evidence produced, i.e., Aadhar and PAN cards) is quite irregular. And the petitioners have not acted as per the guidelines/ circular instructions issued by the GDCC Bank Limited, Guntur, for sanction and disbursement of loans. 16. Learned Government Pleader would further submit that Circular No.BKG/KYC/F.No.269/2021-22 dated 03.12.2021 on the KYC Guidelines is issued to protect the financial system against threat of money laundering/terror financing and frauds. Circular^instructions in

¶966

¶967

¶968

ADM.F.No.1111/2019-20 dated 31.05.2019 point No.8 says that u in: case of'disbiirsement of loans to new members, supervisor^hastovisit the residence of the member and assess his capacity to repay the loan amount, then only he has to recommend for sanction of the loan. Further in case of sanction loan more than Rs. 1,00,000/-, the Branch Supervisor, Branch Manager has to conduct field inspection along with the Chief Executive Officer of the Society.”

¶969

Hence, the contention of the petitioner that he has^{notviolatedthe} prevailing guidelines in disbursement of loans and the findings of the Inquiry Officer that the bank officials colluded with the Management, Chief Executive Officer of the respective societies^{isfalseandbaseless} is not correct.

¶970

And it is also stated that as per the G.O.Ms.No.34, Food and Agriculture (Coop.IV) dated 16.01.1989, the appointment of the Inquiry Officer under Section 51 of the Act 1964 in respect^{ofPACShasbeen} delegated to the District Cooperative Officer. Accordingly,^he District Cooperative Officer, Guntur ordered inquiry under Section⁵¹ of the Act 1964 into the affairs of the Reddypalem PACS and Perecherla through - proceeding Rc.No.704/2022-C, dated 16.03.2022 and Rc.No.706/2022

¶971

¶972

¶973

C dated 16.03.2022 respectively on the recommendations of the Divisional Cooperative Officer, Guntur.

¶974

It is also stated that there are similar misappropriation cases including this, in 17 PACSs have been happened and inquiries under Section 51 of the Act 1964 were conducted and inquiry reports submitted by the Inquiry Officer revealed that sanctioned and disbursed for an amount of Rs10.68 crores of benami loans to 184 fake members by opening SB accounts in branches by 25 bank employees. Hence prayed to dismiss all the Writ Petitions.

¶975

Learned Government Pleader appearing for respondents 1, 2, 3 and 5 relied on the following judgments:

¶976

(1) LN.Peta Primary Agricultural Cooperative Society^v.The Government of Andhra Pradesh, rep. by its Principal Secretary, Cooperative Societies Department, Secretariat Buildings, Hyderabad and others^, for the proposition^thatthe Court in exercise of discretionary jurisdiction under^Article 226 of the Constitution of India shall not prevent an inquiry intended to be held for unearthing fraud, if any, allegedly committed in disbursement of pubic money and the same cannot be allowed to be kept based on technicalities.

’(2015) 1 ALD253

(2) Araja Narasimha Rao v. District Cooperative Officer/Joint Registrar Krishna District, Machilipatnam^.

¶981

(3) Order of this Court in W.P.No.40847 of 2015 dated 28.08.2024.

¶982

CONTENTIONS OF 6"^^ RESPONDENT BANKAS PER THE COUNTER:

¶983

The 6 th respondent filed counter through their counsel Ms. K.N.Vijaya Lakshmi, and relied on the circular^{ADM.F.No.1111/} 2019-20 dated 31.05.2019. Clause-8 of the circular that communicate/transmit that without allotment from administrative office the PACS should not disburse loans to new members or enhance the loan amount to existing borrowers. Without special permission from administrative office, the PACS should not disburse loan amount above Rs. 1,00,000/to new members. While disbursing loans to new members, the Supervisor should visit the residence of the applicant and scrutinize the loan repayment capacity of the applicant, only then the Supervisor should recommend the sanctioning of the^loan. And while disbursing loan amount above Rs.1,00,000/- the Branch Supervisor and Manager should conduct field inspection along with^{CEOofthePACS.}

¶984

® 2007 (5) ALD 698

¶985

¶986

The same should be kept in loan file. The PACS should^notchange more than 7% on these loans.

¶987

It is also stated that it is the duty of the sanctioning^{authority,i.e.,} the Manager, Supervisor & CEOs to verify the KYC (know your « customer) of the proposed loanee/borrower and to verify^therevenue records of the proposed agricultural land offered to^{bemortgagedtothe} PACS namely, Adangal, ROR-1B, Pattadar Passbook-cum-Title^deeds in the title of the proposed loanee/borrower and also to verify the Encumbrance Certificate to find whether any third party interests created over the proposed agricultural land offered^{tobemortgagedto} the PACS as security towards the proposed loan amount to be sanctioned and also to physically visit the proposed^{agriculturalland} offered as security and record a field inspection report^verifyingthe actual land in parity with the submitted revenue records namely Adangal, ROR-1B, Pattadar Passbook-cum-Title deeds^andthesame shall be maintained and filed in the bank records along^withtheSAG loan application before disbursement of any loan amount to the borrower.

¶988

It is also stated that none of the conditions stated supra have not been foilbwed by the petitioner, as such, the respondents^passedthe

¶989

¶990

impugned" order in Rc.No.704/2022-C dated 31.05.2023 and Rc.No.7D6/2022-C dated 05.06.2023 was right and appropriate^asthe employees vested with the duties of field inspection and sanctioning authority were negligent and committed dereliction of their individual respective duties which caused misappropriation to the funds of the bank.

¶991

Learned counsel for the respondent relied on judgment^ofthe Hon’ble Apex Court in Chairman & Managing Director, United Commercial Bank v. P.C.Kakkar^, for the proposition that a bank is dependent upon each of its officers and officers acting and operating within their allotted sphere and acting beyond one’s authority is by itself a breach of discipline and is a misconduct. Hence, prayed to dismiss the Writ Petitions.

¶992

CONSIDERATION OF BOTH PARTIES BRIEFLY:

¶993

Heard Sri Prabhu Nath Vasireddy, learned counsel for^thewrit petitioner, Sri Ramakrishna Naik, learned Government Pleader for Cooperation, appearing for respondent Nos.1, 2, 3 and^5andMs.K.N. Vijaya Lakshmi, learned counsel for respondent No.6.

¶994

’’ (2003) 4 see 364

¶995

¶996

Learned counsel for the petitioners argues that the primary responsibility for the irregularities committed in the affairs of the society rests on the office bearers of the society and the employees working herein. Though the employees of the bank are connected in the process of sanction of the loans and the bank itself is a society, no action can be taken against the employees of another society, “Bank” in respect of the irregularities committed in a society. In any event, the joint and several liability cannot be mulcted on the petitioners.

¶997

On the touchstone of the aforesaid principle which^was laid in K.SSatyanarayana’s case (1 supra), learned counsel appearing for the petitioners would submit that if at all, the responsibility is only on the society not on the bank, though the employees of the bank are connected with and the bank itself is a society, no^{actioncanbetaken} against the employee? of the another society. Therefore, learned counsel appearing for the petitioners voiced that it^{isafitcasetoallow} all the Writ Petitions and set aside the impugned proceedings^dated 31.05.2023 and 05.06.2023.

¶998

It is also contended by the learned counsel for the petitioners that the circular issued by the DCCBs is not a law or a^{statuteorruleand} it is not binding^an’d there is no need to follow the^{circularandalsostated}

¶999

¶1000

that the circular was not circulated to the respective PACSs and not following the circular is not a ground to conduct an inquiry or for initiating civil, criminal and disciplinary proceedings against the petitioners herein. And also contended that there is no such willful negligence on the part of the petitioners in disbursing the loan amount and also stated that the e-KYC is not available with the bank and no circular in force which imposes an obligation on the Manager to conduct field inspection of the agricultural land which js mortgaged to PACS before disbursing the amount, as such, the petitioner did not commit any misconduct and therefore the petitioners are not liable to any civil, criminal or disciplinary action. Hence, prayed to allow the Writ Petitions by setting aside the impugned enquiry dated 31.05.2023 and the consequential initiation of civil, criminal and disciplinary proceedings dated 05.06.2023.

¶1001

The respondents would submit that the petitioners have not conducted inquiry as contemplated under the circular and they have not conducted field inspection before granting loans,’ as the amount is more than Rs. 1,00,000/- and the petitioners have entered benami members into the society as per the information furnished by Piduguralla Sub Registrar Office and the mortgage registrations as well as encumbrance

¶1002

¶1003

certificates are not registered in favour of the fake^{loaneesandfoundto} be fake encumbrance certificates and the petitioners^{havenotfollowed} t the cash credit circulars issued by the administrative^{office,iftheywould} have been followed the circulars issued by the administrative^office, ,they can prevent the payments or stop the payments. As they were colluded, they have not followed the circular issued by the administrative office, on seeing these allegations, the judgments relied on by the petitioners are not applicable to the present^{factsofthecase,} as the society is not responsible for the irregularities^{committedbythe} petitioners and the society has not accepted any loan^{applications.}

¶1004

COURT’S CONCLUSION:

¶1005

The proposition laid in the judgment in K.Satyanarayana’s^case(1 supra) is that: The bank itself is a society, no action can be taken against the employees of the bank in respect of the irregularities committed in the society. The said proposition is not^{applicabletothe} present facts of the case, as the society has not sanctioned or recommended for, any loan and the petitioners herein^{havedeviatedthe} circulars issued and in collusion with the revenue^{officialshavecreated} fake SB accounts and without field inspection, they^{havedisbursedthe} I loan amount. Therefore, on the touchstone of the judgment in

¶1006

¶1007

♦

¶1008

K.Satyanarayana’s case (1 supra), the petitioners cannot agitate to quash tine inquiry under Section 51 of the Act 1964 and ordering of civil, criminal and disciplinary action dated 05.06.2023.

¶1009

The judgment of the Madras High Court relied on by^thelearned counsel for the petitioners relating to the circular in Dr. V.K. John v. G.Vasantha Pai and another (2 supra) at paragraph No.5, it is asserted that;

¶1010

“According to the meaning given in the Concise Oxford Dictionary, “circular” is something addressed to a circle of persons and the meaning of “circular letter” or “circular”^is given as notice, advertisement etc. reproduced for distribution. Obviously, the material letters were such circular letters printed for distribution among the^voters. We therefore accept the finding of fact that the petitioner. Dr. John, was guilty of the illegal practice mentioned in S. 125(3) of the Act.”

¶1011

On a reference made by a Bench of Three Judges of the^Hon’ble Supreme Court in Commissioner of Central Excise v. Ratan Melting And Wire Industries, Calcutta^, a Constitutional Bench in CCE v. Ratan

¶1012

(2005) 3 see 57

¶1013

¶1014

Melting & Wire Industries^, held that: “The circulars^{andinstructions} issued by the Board are no doubt binding in law on^{theauthoritiesunder} the respective statutes, but when the Supreme Court or the High Court declares the law on the question arising for consideration, it would not be appropriate for the Court to direct that the circular should be given effect and not the view expressed in a decision of this Court or the High Court. So far as the clarifications/circulars issued by the Central Government and of the State Government are concerned they respect merely their understanding of the statutory provisions.

¶1015

It is other contention raised by the learned counsel for the petitioner that e-KYC is not available in the bank.

¶1016

Applicability of KYC is known as: a) These Directions shall be called the Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016.

¶1017

b) These directions shall come into effect on the day they are placed on the official website of the Reserve Bank of India.

¶1018

Section 2: Applicability:

¶1019

(a) The provisions of these Directions shall apply to every entity regulated by Reserve Bank of India, more specifically as defined in 3 (b) (xiv) below, except where specifically mentioned otherwise. ’(2008) 13 SC'C 1

¶1020

¶1021

Regulated Entities” (REs) means:

¶1022

All Scheduled Commercial Banks (SCBs)/ Regional Rural Banks (RRBs)/ Local Area Banks (LABs)/ All Primary (Urban) Co-operative Banks (UCBs)/State and Central Co-operative Banks (StCBs / CCBs) and any other entity which has been licenced^{underSection22} of Banking Regulation Act, 1949, which as a group shall^bereferredas ‘banks’ Section 23: Notwithstanding anything contained in Section^16andas an alternative thereto, in case an individual who desires to open a bank account, banks shall open a ‘Small Account’, which entails the following limitations:

¶1023

(i) the aggregate of all credits in a financial year^{doesnotexceed} rupees one lakh;

¶1024

ii) XXX

¶1025

iii) XXX

¶1026

The purpose and purport of KYC stands for "Know Your Customer." It is a due diligence process financial companies use to verify customer identity and assess and monitor customer risk. KYC ensures customers are who they say they are, and it prevents money laundering, terrorism financing, and more fraudulent activities and schemes. By verifying a customer’s identity and intentions^whenthe account is opened and then monitoring transaction patterns,^financial institutions can more accurately pinpoint suspicious activities. As

¶1027

¶1028

¶1029

mandated by the Reserve Bank's guidelines, all banks and financial institutions are required to implement Know Your Customer (KYC) procedures. Financial institutions cannot proceed with transactions if KYC documentation is not available.

¶1030

The Reserve Bank of India has power to ensure a fair enforcement of its provisions, by issuing circulars in exercise of its statutory powers under Banking Regulations Act which are binding on I the authorities in the administration of the Act.

¶1031

Once rules are gazetted and notified shall be deemed to have been made under the said Act and shall continue to be in force unless and until they are superseded by Rules made under the Act, they typically come into effect and are considered legally binding. A government body or authority cannot simply state that the rules are not implemented if they have been officially published. The allegations in the enquiry under Section 51 of Act indicate a preponderance of probability that the petitioners intentionally committed misappropriation of the bank funds.

¶1032

The petitioners knowingly granted loans in collusion, ignoring bank guidelines. Their actions were intentional, not negligent.

¶1033

¶1034

¶1035

One of the decisions referred to in Words and Phrases Permanent Edition, 28, viz.. Smith v. Weber 16 N.W. 2d. 537, 539, 70 S.D. 232, gives the following definition; “Wilfulness'” and 'negligence' are opposites, wilfulness signifying presence of intention, purpose or design and negligence in their absence, arising from inattention thoughtlessness, or heedlessness, and there is a distinction^between negligence characterized by inadvertence-and wilful injury characterized by 'advertence'.

¶1036

Upon examination of the impugned enquiry report, it is evident that the report did not contain any findings indicating that the society directed or recommended the sanction of loans to benami beneficiaries. Rather, it is the petitioners who fraudulently disbursed the loans. Without any evidence of a direction or recommendation from the society, the petitioners cannot reasonably claim that^{theinvolvementof} bank employees in the loan sanctioning process precludes accountability. The fact that the bank operates as a society does not exempt its employees from liability for irregularities^{thatoccurwithin} its operations. The bank, as a society, and its employees, who are petitioners, cannot evade responsibility for any wrongdoing^andcanstill

¶1037

¶1038

be held accountable for their actions. The petitioners who granted loans fraudulently together and they want to punish society for wrongdoings of the person which is unjust and unfair.

¶1039

In view of the foregoing discussion, the principle^{laiddowninthe} judgment of the common High Court in K.Satyanarayana’s case (1 supra) is not applicable to the facts of the present case, as the society has not recommended or paid the loans to the fake members and the petitioners therein have created bank accounts fraudulently and disbursed the amounts fraudulent without following^{thecircularsissued} by the Reserve Bank of India and DCCB. Hence, this Court found no reasons to allow the Writ Petitions.

¶1040