Smt. Kancharla Ramana Kumari, vs The Society For Elimination Of ...
2022 Latest Caselaw 7254 AP

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                   W.P. No. 29559 of 2021
ORDER:

The present writ petition is filed seeking to set aside the

Termination Order dated 14.02.2020 on the ground that the

termination order was passed without giving any opportunity

or following due procedure of law. Relying on the judgment of

2016 1 ALT 469, Order in W.P. No.441 of 2021 and order in

W.P. No.248 of 2021.

2. Per contra learned counsel for the respondents would

submit that certain opportunity was given to the petitioner

and she was involved in misusing of money and she was not

deposited the money to the bank. And also the contention of

the respondents is that the writ petition is not maintainable

against Cooperative Societies Act, and the Society does not

come under Article 226 of Constitution of India.

3. Having regard to the facts and circumstances of the

case, as the order impugned explicitly befits that no notice

was issued by the respondents and an order was passed

without conducting any enquiry or following any due

procedure of law. Hence, this Court is inclined to set aside

the order basing on the Judgment indicated above and to

direct the respondents to follow due procedure of law and pass

order in accordance with law within a period of six weeks from

the date of receipt of this Order.

4. It is also contention of the petitioner that the 3rd

respondent passed order, whereas the 7th respondent is

competent to pass the impugned order, on the said ground

also the order impugned is liable to be set aside. As the order

passed without conducting any enquiry and without following

due procedure of law, and who passed the impugned order

has no jurisdiction. Hence, passing of impugned order is clear

violation of judicial principles considering the nature of

controversy namely:

a) Breach of fundamental rights;

b) The violation of principles of natural justice;

c) an excess of jurisdiction; or

d) Challenge to the virus of the statute or delegated legislation;

In view of the above, the Writ Petition is maintainable

under Article 226 of Constitution of India.

5. Accordingly, order impugned is set aside and remand

back to the 7th respondent to conduct enquiry after issuing

notice and following due procedure of law i.e. within the time

stipulated above.

6. With the above direction, this writ petition is disposed of

accordingly. No costs. As a sequel, interlocutory applications

pending, if any, shall stand closed.

_______________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 21-09-2022 Harin

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

W.P.No.29559 OF 2021

Date: 21-09-2022

Harin