IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9262 of 2008 Between: MD.Jaffar S/o.Md Ghouse Wanaparthy Mahabubnagar Dist ..... PETITIONER AND 1 The P.A.C.C Society Ltd Rep.by its President Wanaparthy,Mahabubnagar Dist 2 The Divisional Cooperative Officer Wanaparthy,Mahabubnagar Dist 3 The Assistant Registrar O/o. Divisional Cooperative Officer Wanaparthy MBNR Dist .....RESPONDENT(S) 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 to issue to issue a writ,order or direction more one in the nature of Mandamus to declaring the action of the respondents in placing the petitioner under suspension vide proc RC No.06/dt.28-9-2006 issued by the president P.A.C.C.Society Ltd Wanaparthy,Mahabubnagar Dist and indefinity continuing the petitioner under Suspension without reviewing the suspension according to BYe-law 6(ii) (a) of Bye-laws of the society is as illegal arbitrary unjust and void and without jurisdiction and opposed to all principles of natural justice equity and fair paly and consequeently hold that the petitioner is entitled for reinstatement into service with all consequential benefits and pass Counsel for the Petitioner:MR.D.BALA KISHAN RAO Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9262 of 2008 ORDER: The petitioner is appointed as a Secretary in the Primary Agricultural Cooperative Credit Society Limited, Wanaparthy, Mahabubnagar District, 1st respondent herein. He was placed under suspension, vide resolution dated 28.09.2006, passed by the General Body of the Society, alleging that the petitioner had committed serious financial irregularities. The grievance of the petitioner is that through nearly two years have elapsed, the disciplinary proceedings are not concluded nor he is reinstated. He complains that subsistence allowance is not paid, even after making several representations. He places reliance upon Clause 6(ii)(a) of the Special Bye-Laws of Service Conditions of Employees of the Society. Heard Sri D.Balakishan Rao, learned counsel for the petitioner and Sri Sudershan Reddy, learned Standing Counsel for the 1st respondent. The petitioner was placed under suspension on the allegations of misappropriation of funds, vide orders, dated 28.09.2006, issued by the President of the Society, on the basis of a resolution passed by the General Body. The exact stage of the disciplinary proceedings is not before this Court. Clause 6 of the Special Bye-Laws mandates that suspension of an employee of a Society shall not ordinarily be for a period exceeding six months and the competent authority is conferred with the power to extend the suspension by another six months, after review. The provision does not place an absolute embargo on suspension beyond any particular time. The emphasis is to ensure that the suspension is not for an indefinite period. The petitioner himself did not raise any serious objection about the continuance of suspension beyond six months, except making occasional representations. This Court is of the view that the ends of justice would be met if the 1st respondent is directed to conclude the disciplinary proceedings themselves, within a period of three (3) months and if for any reasons, they cannot be concluded, to review the case of the petitioner, for being reinstated. Therefore, the writ petition is disposed of, directing that the 1st respondent may endeavour to conclude the disciplinary proceedings against the petitioner, within a period of three (3) months from the date of a receipt of a copy of this order. In case, the disciplinary proceedings are not concluded by that time, the 1st respondent shall review the case of the petitioner for reinstatement. The 1st respondent shall also consider the representations submitted by the petitioner, as regards the arrears of subsistence allowance, and take necessary steps within two (2) weeks from the date of receipt of this order. There shall be no order as to costs. _________ 04.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9262 of 2008 Date: 04.07.2008 JSU