Telangana High Court
K. Krishna vs The State Of Telangana, on 16 March, 2023
Bench: Ujjal Bhuyan, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.336 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.Pratheek Reddy, learned counsel for the
appellants.
2. Appellants are aggrieved by order dated
13.10.2022 passed by the learned Single Judge disposing
of Writ Petition No.38220 of 2022 filed by the appellants.
3. Appellants as the writ petitioners had filed the
related writ petition assailing the legality and validity of the
notice dated 20.09.2022 issued by the 4th respondent
under Section 60 of the Telangana Cooperative Societies
Act, 1964 (briefly referred to hereinafter as 'the Act') being
beyond the scope of the inquiry report prepared under
Section 51 of the aforesaid Act.
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4. By the notice dated 20.09.2022, 4th respondent
had called upon the appellants to appear before him with
written explanation supported by material evidence in
defence. The notice was issued under Section 60 of the
Act. Similar surcharge notice was also issued by the 4th
respondent. As per both the notices, appellants were called
to appear before him on 11.10.2022.
5. From a perusal of the impugned notices, it is
seen that 4th respondent had ordered an inquiry under
Section 51 of the Act into the affairs of Primary Agricultural
Cooperative Society Limited, Mulkalapally Village and
Mandal, Bhadradri-Kothagudem District (briefly referred to
hereinafter as 'the Society') with special reference to the
financial irregularities committed by the Ex-President,
Ex-Chief Executive Officer etc., which were noticed by the
Assistant Registrar who was appointed as the inquiry
officer. Inquiry report submitted by the Inquiry Officer
dated 16.03.2022 revealed financial irregularities
committed by the Ex-President, Ex-Chief Executive Officer
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etc., of the Society to the tune of Rs.32,38,202.00. Inquiry
report was forwarded to the Commissioner for Cooperation
and Registrar of Cooperative Societies along with findings
of the District Cooperative Officer. Commissioner for
Cooperation and Registrar of Cooperative Societies
thereafter authorized the 4th respondent to initiate civil,
criminal and disciplinary action by issuing surcharge
notice under Section 60 of the Act against the erring
individuals based on the findings of the inquiry report.
Appellants are the former President and Chief Executive
Officer of the Society. Accordingly by the impugned
notices, they have been asked to show cause as to why
action should not be taken against them.
6. When this came to be challenged by the
appellants before the learned Single Judge, it was observed
by the learned Single Judge that by the impugned notices,
appellants have only been asked to appear before the 4th
respondent to file written explanation with supporting
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material evidence. Giving liberty to the appellants to do so,
learned Single Judge closed the writ petition.
7. Before us, it is contended that 4th respondent
does not have the jurisdiction to take action under Section
60 of the Act, the jurisdictional authority being the
Registrar.
8. We are not impressed with the submission
made by learned counsel for the appellants.
9. As already seen from the impugned notices,
Commissioner for Cooperation and Registrar of Cooperative
Societies has authorized the 4th respondent to initiate
appropriate action against the erring persons responsible
for defalcating the amount of the society.
10. That being the position, we are not inclined to
entertain the writ appeal.
11. Writ Appeal is accordingly dismissed. However,
there shall be no order as to costs.
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12. As a sequel, miscellaneous applications
pending, if any, in this Writ Appeal, shall stand closed.
_______________________
UJJAL BHUYAN, CJ
_______________________
N.TUKARAMJI, J
Date: 16.03.2023
KL
