THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.22132 of 2011 ORDER: The petitioner was working as Managing Director of respondent No.4-Urban Bank. He was placed under suspension through proceedings, dated 28.03.2011, on the allegation of misappropriation. The petitioner challenges the same on several grounds. It is stated that the allegation against the petitioner is not true and that the Deputy Registrar of Cooperative Societies, Srikakulam, respondent No.3 herein, on the one hand, submitted an interim report under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’) making allegation against the petitioner and on the other, issued a direction under Section 59 of the Act to place the petitioner under suspension. Another grievance of the petitioner is that the respondents are not expediting the disciplinary enquiry. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation. The first ground urged by the petitioner is that the order of suspension could not have been passed at the instance of an Officer exercising power under Section 59 of the Act, though he happens to be the very Officer, who submitted an interim report under Section 51 of the Act. There is nothing in law, which prohibits such a course of action. It may be incidental that, same Officer discharges the functions under two different provisions in different capacities. Further, there is no conflict as such in exercise of these powers. The second aspect is about the delay in disciplinary proceedings. It is no doubt true that once an employee is placed under suspension, it must be followed by disciplinary enquiry. In the instant case, however, the suspension was on the basis of an interim report submitted under Section 51 of the Act. Unless the enquiry under that provision is completed, the employer would not be in a position to frame correct charges. It is brought to the notice of this Court that the enquiry under Section 51 of the Act is halfway through and it could not be completed on account of the transfer of the incumbent. Having regard to the facts and circumstances, the writ petition is disposed of directing respondent No.3 to complete the enquiry under Section 51 of the Act in relation to the affairs of respondent No.4, within three months from the date of receipt of a copy of this order. Depending on the outcome of the said enquiry, respondent No.4 shall take steps in the disciplinary enquiry and conclude the same, within six months thereafter. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:05.08.2011 kdl