IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND FOUR :PRESENT: THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 9821 of 2004 Between: V.Sudershanam, S/o Mysaiah, R/o H.No.9-1-114, Bhagath Nagar, Karimnagar. ..... PETITIONER AND 1 The Commissioner for Cooperation and Registrar of Co-operative Societies, Gruhakalpa, Nampally, Hyderabad. 2 The Jt.Registrar / District Co-operative Officer, Karimnagar. 3 A.Raja Rami Reddy, Chief Executive Officer, Karimnagar Co-operative Urban Bank Ltd. Karimnagar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus declaring the action of the Respondent Nos.1 and 2 in not considering the petitioners representation dated 12-5-2004 for change of the Inquiry Officer for the reasons stated in his representation, is arbitrary, illegal and malafide and against to the principles of natural justice, directing the respondent Nos.1 and 2 to change the Inquiry Officer i.e., Respondent No.3 herein, as he is biased against the petitioner granting all consequential benefits awarding costs. Counsel for the petitioner: Mr. M.RAMA RAO Counsel for the respondents: The court made the following: ORDER: This writ petition is filed against the action of the first and second respondents in not considering the petitioner’s representation dated 12.05.2004 for change of the Enquiry Officer on the ground that the some enquiry is pending against the Enquiry Officer and the petitioner gave evidence against the Enquiry Officer Under Section 51 of the A.P. Co-operative Societies Act (hereafter referred to as ‘the Act’) for misappropriation of funds. The respondents have not considered for change of Enquiry Officer in spite of giving representation. Hence, questioning the same the present writ petition is filed. Heard both sides. The grievance of the petitioner is that in the enquiry conducted under the Act for misappropriation of funds he gave a statement against the Enquiry Officer-third respondent and therefore naturally Enquiry Officer-third respondent will be biased so as to take revenge against the petitioner. Precisely for that reason the writ petitioner gave a representation on 12.05.2004 for change of Enquiry Officer-third respondent. Therefore, it is for the respondents to pass appropriate orders on the representation made by the writ petitioner. In view of the above, the writ petition is disposed of directing the respondent Nos. 1 and 2 to consider the representation of the petitioner made on 12.05.2004 for change of Enquiry Officer within a period of two weeks from the date of receipt of a copy of this order. No further enquiry should be conducted by the respondents till the disposal of the representation of the petitioner. In the circumstances of the case, no order as to costs. ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Copy to: 1 The Commissioner for Cooperation and Registrar of Co-operative Societies, Gruhakalpa, Nampally, Hyderabad. 2 The Jt.Registrar / District Co-operative Officer, Karimnagar. 3 A.Raja Rami Reddy, Chief Executive Officer, Karimnagar Co- operative Urban Bank Ltd. Karimnagar. 4. 2 C.D. copies.