IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 837 of 2005 Between: K. Sudhakar Rao, S/o. Rama Rao, Hindu, Primary Agriculture Cooperative Society, Jangalapalli, Jammalamadugu Mandal, Kadapa District. ..... PETITIONER AND 1 The Deputy Registrar of Cooperative Societies, Proddatur, Kadapa District. 2 The Person-In-Charge/Chairman, Primary Agriculture Cooperative Society, Jangalapalli, Jammalamadugu Mandal, Kadapa District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 1st respondent in giving direction to the 2nd respondent to place the petitioner under suspension in his Rc.No. 808/2004-B, dated 20-8-2004 as contained in the impugned suspension order passed by the 2nd respondent in his Rc.No1/Jangalapalli, dated 23-08-2004 though the requirements under section 59 (1) of the A.P. Cooperative Societies Act 1964 are not there as illegal, unjust, arbitrary and against the provisions of contained under Section 59(1) of the A.P. Cooperative Societies Act 1964 and consequently set aside the order passed by the 2nd respondent in his Rc.No.1/Jangalapalli, dated 23-08-2004. Counsel for the Petitioner: MR.L.J.VEERA REDDY Counsel for the Respondents: GP FOR COOPERATION The Court at the admission stage made the following : ORDER: Challenging the action of the 1st respondent in giving direction to the 2nd respondent to place the petitioner under suspension vide his proceedings Rc.No.808/2004-B, dated 20-08-2004, the present writ petition is filed. The petitioner was placed under suspension by orders dated 23-08-2004 by the 2nd respondent. Challenging the same, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. Learned counsel for the petitioner contended that the impugned order was passed mechanically without application of mind and that the suspension is pending enquiry and suspension not by way of punishment. Hence, he prays to quash the same. Normally, this Court will not interfere with the suspension order pending enquiry, unless the jurisdiction of the authority, who issued the order, is under challenge. The 2nd respondent is the competent authority under Section 59(1) of the A.P. Co operative Societies Act (for short ‘the Act’) to place an employee under suspension. In pursuance of the directions given by the Registrar of the Co-operative Societies, with regard to the non-application of mind, it is alleged that the petitioner misappropriated the funds of the society; therefore, he was placed under suspension until further orders. During the course of enquiry under Section 51 of the Act, the Enquiry Officer reported that the writ petitioner misappropriated the funds of the Society. Thereafter, the 1st respondent issued directions to the 2nd respondent to place the petitioner under suspension. The order under challenge is completely in accordance with Section 59 of the Act. Since it is a case of misappropriation of funds, the question of application of mind cannot arise and the 2nd respondent passed the impugned order basing on the enquiry report only. Since the suspension order is until further orders, basing on the enquiry report under Section 51 of the Act, it is deemed that the suspension order is pending departmental enquiry against the petitioner. Therefore, the contentions raised by the petitioner are totally devoid of merits and therefore, the writ petition is dismissed. However, it is made clear that the petitioner is entitled to the subsistence allowance and the matter of right in accordance with the byelaws. There shall be no order as to costs. __________ 21-02-2005 vs/usd To 1 The Deputy Registrar of Cooperative Societies, Proddatur, Kadapa District. 2 The Person-In-Charge/Chairman, Primary Agriculture Cooperative Society, Jangalapalli, Jammalamadugu Mandal, Kadapa District. 3 Two CCs to the G.P for Cooperation, High Court of A.P., Hyderabad(O.U.T). 4 2 CD copies THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 837 of 2005 Dated: 21-02-2005 vs