-IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD MONDAY, THIS THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.2733 of 2010 Between: Dr. N. Ravi Kumar S/o. N. Bhaskar Rao …. Petitioner AND The A.P. Government Doctors Association, Rep. by its President and another …. Respondents HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.2733 of 2010 ORDER: Petitioner is a Member of Andhra Pradesh Doctors’ Association, the 1st respondent herein. For the term, which ended in the recent past, he was elected as a Treasurer of the Governing Council. Making certain allegations against the petitioner, the Secretary of the Association, issued a show cause notice dated 22-01-2009 to the petitioner. He pointed out certain irregularities in handling funds of the Association. Petitioner submitted his explanation on 05-04-2009. 2. The Governing Council of the Association passed a resolution dated 08-02-2009, appointing a Committee to examine the various aspects. A report was submitted by the Committee on 24-05-2009, making certain recommendations. At its meeting held on 12-07-2009, the Governing Council proposed to suspend the membership of the petitioner for a period of three years. However, it was further resolved to give ten days time to the petitioner to enable him to submit his explanation, if any. The 2nd respondent addressed a letter dated 20-07-2009 to that effect. Petitioner submitted his explanation within the stipulated time. 3. On 19-09-2009, the Secretary and the President of the Association issued proceedings, stating that the decisions of the Governing Council taken on 12-07-2009 are implemented. It was observed that the explanation offered by the petitioner was not found satisfactory. 4. Petitioner filed O.P. No.2414 of 20009 in the Court of the III Additional Chief Judge, City Civil Court, Hyderabad, challenging the letter dated 19-09-2009. He has also filed I.A. No.4557 of 2009 under Section 151 CPC with a prayer to suspend the letter dated 19-09- 2009. The trial Court dismissed the I.A. through its order dated 22-04- 2010. Hence, this revision. 5. Heard Sri M.V.S. Suresh Kumar, learned counsel for the petitioner and Sri A. Krishna Reddy, learned counsel for the respondents. 6. It is no doubt true that disciplinary proceedings were initiated against the petitioner by appointing a Committee, and the Committee in turn submitted a report, pointing out certain lapses on the part of the petitioner. As required under the relevant provisions of law, the matter was placed before the Governing Council. It is not in dispute that the Governing Council did not take any final decision, but has only arrived at a tentative conclusion and directed that the views of the petitioner be obtained within ten days, on the report of the Committee, or proposed resolution. That decision of the Committee was conveyed to the petitioner by the 2nd respondent through letter dated 20-07-2009. The petitioner complied with the same and submitted his explanation. 7. Once the petitioner submitted the explanation, it was required to be placed before the Governing Council. The record does not disclose that the meeting of the Council was convened after the petitioner submitted the explanation. The President and the Secretary of the council have chosen to enforce the resolutions straightaway by making the reference to the explanation submitted by the petitioner. The same is contrary to law. In a way, they have assumed to themselves, the power of the Council. Therefore, the I.A. filed by the petitioner ought to have been allowed, duly suspending the letter dated 19-09-2009. 8. Hence, the revision is allowed and the order under revision is set aside. Consequently, I.A. No.4557 of 2009 is allowed suspending the letter dated 19-09-2009 addressed by the respondents. It is, however, made clear that except continuing as a Member, until further orders, the petitioner shall not be entitled to exercise any other powers. ____________________ L. NARASIMHA REDDY, J August 16, 2010. KTL