Telangana High Court
WP/5205/1997 of Siripuram Handloom Weavers Co-op. Society Limited, Vs Assistant Director, Handlooms AND Textiles on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 5205 of 1997 Between: Siripuram Handloom Weavers' Co-op. Society Limited, Rep. by
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 5205 of 1997
Between:
Siripuram Handloom Weavers' Co-op. Society Limited, Rep. by its PresidentMr.P.Ramalingam S/o.Rama LaxmaiahR/o.Siripuram Village, Ramannapet Mandalm,Nalgonda District.
..... PETITIONER
AND
1 Assistant Director, Handlooms & Textiles Nalgonda, Andhra Pradesh.
2 Development Officer, Handlooms & Textiles, Ramannnapet Circle Nalgonda District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toissue a Writ, order or direction more particularly one in the nature of Writ ofMandamus declaring the proceedings in Rc.No.499/96-C, H&T, dt.12-12-96 issuedby the 1st Respondent appointing an enquiry officer to conduct the enquiry asillegal, arbitrary, against the provisions of A.P. Co-operative Societies Act 7 of 1964and unjust, consequently direct the respondents not to conduct any enquiry inpursuance of the above proceedings.
Counsel for the Petitioner:MR.P.NARASIMHA RAO
Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE
The Court made the following :
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ORDER:
Heard the counsel.
The petitioner filed this writ petition for a writ of Mandamus declaring theproceedings in Rc.No.499/96-C, H & T. dated 12.12.1996 issued by the firstrespondent appointing an enquiry officer to conduct enquiry into the affairs of thepetitioner Society as arbitrary and illegal, against the provisions of A.P.Co-operativeSocieties Act, 1964 and unjust and consequently direct the respondents not toconduct any enquiry in pursuance of the above proceedings and pass such othersuitable orders.
The impugned order reads as hereunder:
“Sub: Allegation against the President and Secretary of the H.W.C.S.Ltd.Sripuram– petition submitted by the members of the Society –
enquiry U/S 51 of the APGS Act – ordered.
Read:1.Representation of the members of H. W. C. S. Ltd.,Sripuram dt.20.08.1996 and 30.08.1996
(copy enclosed)
2. Report dated 30.11.1996 of the ADO
(H&T) Rammannapet circle (copy enclosed).
…..
ORDER:
Whereas in the reference read above it has come to my notice that the presentand managing committee members of handloom weavers Coop.Society limited,Sriripuram has involved in misappropriation of funds of the society andcommitted several irregularities.
Whereas in the course of preliminary enquiry submitted by the AssistantDev.Officer (H&T) it is found that the president and Managing committeemembers committed several irregularities in the working of the society andindulged in misutilisation of funds of the society.
In view of the irregularities and misappropriation of funds noticed in thepreliminary enquiry report it has become necessary to conduct a detailedenquiry U/S 51 of the APGS Act, 1964, to public faith into the affairs of theSiripur handloom weavers Coop.Society with Special reference to the allegedirregularities and misappropriation /misutilised of funds of the society in thepreliminary enquiry.
Therefore, I , sri P.Veera Reddy, Asst.Director (H&T) Nalgonda by virtue ofpowers vested in me U/S 51 of the APGS Act 7 of the 1964, ordered for anenquiry and authorized Sri.P.Raghava Reddy, Dev.Officer (H&T) to conduct adetailed enquiry into the working of the society with special reference toirregularities/misappropriation of funds noticed in the preliminary enquiry.
The enquiry officer should complete the enquiry within a period of (30) days andsubmit his report.”
Conclusion
As can be seen from the nature of the impugned order, only enquiry had beenordered and Sri.P.Raghava Reddy, Divisional Officer was authorized to conductdetailed enquiry into the working of the Society with special reference to theirregularities/misappropriation of funds noticed in the preliminary enquiry. In the lightof the same, no relief can be granted at this stage in the present writ petition.
The writ petition is accordingly dismissed. No costs.
______________
P.S.NARAYANA,J
Dated : 29[th] December, 2004.
Sh
To
1 Assistant Director, Handlooms & Textiles Nalgonda, Andhra Pradesh.
2 Development Officer, Handlooms & Textiles, Ramannnapet Circle Nalgonda District.Circle Nalgonda District.
3. 2CCs to the G.P. for Industries and Commerce, High Court Buildings, Hyderabad (OUT)
4. 2CD copies.