HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.268 of 2006 December 15, 2010 Between: Dasari Murthy … Petitioner And 1. The Dy. Cooperative Officer 1, Nizamabad and another. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.268 of 2006 ORDER: The petitioner, a secretary in the Primary Agricultural Cooperative Society, Shetpally, Balkonda Mandal, Nizamabad District, filed the present writ petition aggrieved by the action of the said society in not paying him subsistence allowance since his suspension on 26.5.2003 and seeks a consequential direction to the society to do so. 2. By order dated 07.9.2007, this Court directed the society to pay subsistence allowance to the petitioner from the date of his suspension till that date within a period of six weeks and to continue to pay his subsistence allowance as per his eligibility every month on or before 10th day of the succeeding month. 3. It was not brought to the notice of this Court that the petitioner was removed from service on 20.12.2005. However he would be entitled to payment of subsistence allowance from 26.5.2003 up to that date. No amounts were paid to the petitioner towards subsistence allowance, despite the interim order. 4. Though no counter is filed by the society, Sri Ch. Janardhan Reddy, learned counsel representing the said society, stated on instructions that the basis for withholding the subsistence allowance was the surcharge order dated 06.12.2004 passed under Section 60 of the A.P. Co-operative Societies Act, 1964. As per the notice dated 31.3.2006 issued by the society, a sum of Rs.1,77,125/- is due to the petitioner towards his subsistence allowance from June 2003 up to December 2005. 5. Sri J. Ashvinikumar, learned counsel for the petitioner, stated that the surcharge order dated 06.12.2004 was set aside in appeal in C.T.A. No.37 of 2005 by the A.P. Co-operative Tribunal, Hyderabad. A copy of the order dated 15.7.2008 passed in the appeal is placed on record which indicates that while setting aside the surcharge order dated 06.12.2004 the matter was remanded to the Deputy Registrar of Cooperative Societies, Nizamabad for fresh disposal according to law within three months. It is however stated by Sri J. Asvinikumar, learned counsel, that only recently the Deputy Registrar of Cooperative Societies, Nizamabad has issued a notice to his client upon the said remand. 6. Therefore, as matters stand, there is no legal basis or sanction for withholding the amounts due to the petitioner towards his subsistence allowance. The surcharge order, which was the foundation for such withholding, has been set aside in appeal and no orders have been passed upon the remand till date. It is only after passing of such orders that the respondent society would be legally entitled to seek recovery from the petitioner. Till such stage arises, the respondent society cannot hold on to the amounts legally due and payable to the petitioner towards his subsistence allowance. 7. The respondents are accordingly directed to release the subsistence allowance amounts due and payable to the petitioner from 26.5.2003 up to 20.12.2005 within two months from the date of receipt of a copy of this order. In the event any fresh orders are passed under Section 60 of the A.P. Co-operative Societies Act, 1964, holding the petitioner liable for any loss sustained by the respondent society, it shall be open to the respondent society to initiate steps in accordance with law for recovery of such amounts from the petitioner. 8. The writ petition is allowed subject to the above observation. Parties shall bear their own costs. ____________________ SANJAY KUMAR, J Date: December 15, 2010. BSB