HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:20328 OF 2009 DATE:22.7.2010. Between: The Bathuva Prima Agricultural Co-operative Society Limited, Bathuva Village rep., by its President K. Kurma Rao …Petit And 1. The Registrar of Co-operative Societies, Govt. of A.P., Gruhakalpa, Nampally and others. …Respond This Court made the following: HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:20328 OF 2009 ORDER: This writ petition is filed by the petitioner seeking a writ of mand to declare the proceedings in Rc.No.1278/2006-C, dated 25.8.2009 o 2nd respondent as illegal and arbitrary and consequently, to set asid same. The case of the petitioner is as follows: The petitioner is a Co-operative Society registered unde Provisions of the A.P. Co-operative Societies Act and that the 4th respo is a paid Secretary of the petitioner-society. While so, the 4th respo was placed under suspension with effect from 19.8.2007 for unautho absence from duty from 1.2.2006 to 4.9.2006, 14.9.2006 to 21.12.2006 thereafter, with effect from 31.12.2007 and also for committing some irregularities. While so, the 4th respondent filed an application 13.7.2009 before the District Level Committee, Srikakulam and the application was referred to the 2nd respondent and on the representation, the 2nd respondent passed order dated 25.8.2009 dire the petitioner-society to reinstate the 4th respondent into service and t salary and other allowances to him. As per the bye-laws of the petit society, the Disciplinary Authority is the Managing Committee of the So which is empowered to place an employee of the petitioner-society suspension and to initiate disciplinary proceedings thereon, and again order passed by the Disciplinary Authority, an appeal lies to the D Level Committee of the Society and the 2nd respondent has no autho pass the order impugned herein. Heard the learned Counsel and perused the material on record. On 23.09.2009, while admitting the writ petition, this Court in W No.26520 of 2009, granted interim suspension of the operation o proceedings dated 25.8.2009. It is needless to observe that in pursu of the interim order granted by this Court, the order of reinstatement is by the 2nd respondent has not been implemented and consequently, th respondent continues to be under the suspension. The 4th respondent herein filed WVMP No.3874 of 2009 seek vacate the interim order dated 23.9.2009, along with counter, wherein stated that he filed WP No.17209 of 2009 questioning the inaction o appellate authority headed by the 2nd respondent in not disposing o appeal filed by him and in not paying subsistence allowance and the was disposed of on 27.8.2009 directing the respondents 4 to 6 there dispose of the appeal filed by the 4th respondent herein within two m from the date of receipt of the copy of the order. Aggrieved by the orders passed by the 2nd respondent dire reinstatement of the 4th respondent herein, the present writ petition is fil the petitioner-society. The contention of the learned Counsel for the petitioner is th against the order passed by the Disciplinary Authority, an appeal lies District Level Committee of the society and that the 2nd respondent ha power to interfere in the matter of disciplinary proceedings and therefor order of the 2nd respondent is liable to be set aside. In view of the facts and circumstances of the case and in view fact that the statutory appeal lies before the District Level committee order of the 2nd respondent is hereby set aside. However, it would suf a direction is issued to the petitioner-society to complete the enquiry wi period of three months from the date of receipt of a copy of this order also made clear that during the pendency of the enquiry, the 4th respo shall be paid the subsistence allowance as per the bye laws. Subject to the above direction, the writ petition is disposed of order as to costs. _____________________ Justice T.Meenaku Date:22.07.2010 NN HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:20328 of 2009 DATE:22.7.2010.