THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO.1495 of 2003 AND WRIT PETITION NO.23847 of 2002 COMMON ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) The present writ appeal and writ petition are preferred by the Manager and Ex-General Manager of the District Cooperative Central Bank Limited, Bejjanki Branch, Karimnagar District respectively, on the allegation of incurring unauthorized excess expenditure of Rs.3.50 Lakhs in printing of Cooperative Kisan Credit Cards-cum-Pass Books during the year 1998-1999. 2. For the sake of convenience, the parties are referred to as they were arrayed in the surcharge proceedings dated 08.11.2002. 3. Brief facts of the case are that, 70,000 Cooperative Kisan Credit Cards-cum-pass books were got printed during the year 1998-1999. On behalf of the Bank, it’s General Manager Sri Ch. Veeraswamy, effected the payment of Rs.5.60 Lakhs by obtaining ratification from its Managing Committee. Sri P.R. Venkataiah was the Manager of the Bank. In order to distribute the cards during the Janmabhomi programme scheduled for 3rd and 4th of January, 1999, the printing work has been taken up on top priority basis as per the circulars dated 17.12.1998. The President of the Bank has directed for calling quotations and placing the order for the lowest offer received. Accordingly, six quotations were obtained from the printers on 02.01.1999 for printing 70,000 cards and the quotations were accepted for Rs.8.00 each. When the Managing Committee authorized the General Manager of the Bank upto Rs.25,000/-, the orders of printing of cards were given for Rs.5.60 lakhs. Further, no proper account was maintained towards the cost of the said cards. 4. Initially, 30,000 cards were got printed by the Bank at M/s Sneha Printers by incurring an expenditure of Rs.2.40 lakhs. On a complaint lodged from several printers in Karimnagar District, suspecting the glaring irregularity and malafide intention of the Bank officials, the District Cooperative Officer had directed the Bank to stop payment for 30,000 cards i.e Rs.2.40 Lakhs. Ignoring the said order, another 40,000 cards were ordered for printing with the same printer. Hence, surcharge proceedings dated 08.11.2002 were issued to Sri Ch. Veeraswamy, Ex-General Manager and Sri P.R. Venkataiah, Manager, Karimnagar District Cooperative Central Bank Limited, directing them to pay the excess amount of Rs.3.16 lakhs towards printing of cards on 50:50 basis to the Karimnagar District Cooperative Central Bank Limited, Karimnagar. Challenging the said surcharge proceedings, W.P.No.24710 of 2002 and W.P.No.23847 of 2002 were preferred. 5. The learned single Judge while dealing with W.P.No.24710 of 2002, observed that any order passed under Section 60(1) of the A.P. Cooperative Societies Act, 1964 is appealable under Section 76 of the Act. Hence, the learned single Judge dismissed the writ petition as not maintainable on the ground that the petitioner had an efficacious alternative remedy of appeal. However, liberty was given to the petitioner to file an appeal under Section 76 of the Act, before the Tribunal, if he so chooses. On the other hand, W.P.No.23847 of 2002 was kept pending for further consideration. Hence, the said case was also heard along with the present writ appeal. 6. We have heard learned counsel for the appellant and learned Government Pleader for Cooperation. Perused the entire material available on record. 7. By virtue of the report dated 24.12.1999, Audit Officer reached to a finding that the payment was made. Thereafter, show cause notice was issued on 17.04.2000 asking them to submit a report and explain as to why surcharge proceedings should not be initiated against them. The Government Pleader for Cooperation has argued at length and submitted that the matter may be remitted back to the Tribunal for proper appreciation, so as to comply with the principles of natural justice as Sri P.R. Venkataiah, Manager, had died, the learned counsel finally pleaded that the surcharge proceedings should not be passed against him. 8. There is no dispute that by the time instructions were issued for deferring the payment, to the printers, the same was paid. Further, the Bank ordered for calling quotations in the matter. It is the Bank which ordered for additional printing of 40,000 books. The appellant and the writ petitioner have only acted in accordance with such directives. They have not acted on their own in the matter. 9. In the facts and circumstances of the case stated supra, we deem it appropriate that the ends of natural justice would be met if the surcharge proceedings are dropped, as no useful purpose would be served by remanding the matter to the Tribunal since the person has expired. In the result, the surcharge proceedings are dropped and the writ appeal is allowed and consequently the writ petition is also allowed, but however without costs. __________________________ GHULAM MOHAMMED, J __________________________​______ NOOTY RAMAMOHANA RAO, J 21st December,2011 sp THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO.1495 of 2003 AND WRIT PETITION NO.23847 of 2002 21st December, 2011 sp