THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.10251 OF 2011 ORDER: This writ petition is filed seeking to issue writ of mandamus declaring the action of the 3rd respondent in issuing orders in Rc.No.1/2011, dated 05-03-2011 removing the petitioner from the services of the 3rd respondent society as illegal, arbitrary and consequently set aside the same. 2. The petitioner was working as Additional Secretary in 3rd respondent society. In respect of certain financial irregularities, an enquiry under Section 51 of the A.P. Co-operative Societies Act, 1964 (for short ‘the Act’) has been initiated. Thereafter, the concerned authority sent the enquiry report to the 3rd respondent for taking disciplinary action. Basing on the proceedings, dated 12- 01-2011 of the District Co-operative Officer, Khammam, the impugned order was passed. 3. Learned counsel for the petitioner contended that without conducting any enquiry, straightaway the impugned order was passed terminating the services of the petitioner who is a regular employee of the 3rd respondent and hence, he prays to set aside the same. 4. None appears for the 3rd respondent in spite of service of notice. 5. Learned Government Pleader appearing for the respondents 1 and 2 stated that decision has been taken by the 3rd respondent. 6. Admittedly, no enquiry with regard to misconduct of the petitioner has been conducted and no charges have been framed and no departmental proceedings are initiated. The removal order was passed solely basing on the proceedings of the District Co- operative Officer, Khammam. There cannot be any dispute that an enquiry, if any, to be conducted under Section 51 of the Act is only with reference to the affairs of the society. That cannot a basis for removal or dismissal of an employee from service. That may be a basis for initiation of disciplinary proceedings. Therefore, without conducting any enquiry, removal order was passed and hence, it is liable to be set aside. 7. Accordingly, the Writ Petition is allowed setting aside the impugned order. However, this order will not preclude the 3rd respondent to initiate departmental proceedings in pursuance of Enquiry Report under Section 51 of the Act. No order as to costs. ---------------------- K.C.BHANU, J. DATED:15-06-2011 Hsd[