THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 12846 OF 2003 Dated: 21.10.2010 Between: Vidavalapati Malyadri Naidu ..... PETITIONER AND The Deputy Registrar of Cooperative Societies, Kavali .....RESPONDENT The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 12846 OF 2003 ORDER : This writ petition is filed seeking a certiorari to call for the records relating to the order dated 25.10.2002 in O.A.No.5 of 2001 on the file of the Court of the Andhra Pradesh Cooperative Tribunal, Vijayawada, confirming the surcharge order dated 19.03.1991 passed by the Deputy Registrar of Co-operative Societies, Kavali under Section 60 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, ‘the Act’) and to quash the same being arbitrary and illegal. Heard both sides. It is contended by the learned counsel for the petitioner that except issuing a show cause notice calling upon the petitioner to submit his explanation regarding the allegation of misappropriation of the funds of Bheemavarappadu Primary Agricultural Cooperative Society, as found by the Cooperative Sub-Registrar, Kavali in the enquiry said to have been conducted under Section 51 of the Act, no further enquiry was conducted as mandated under Section 60 of the Act and therefore, on that ground alone the entire proceedings are liable to be set aside. In support of the said contention the learned counsel relied upon a decision of the Division Bench of this Court in Challa Sanyasinaidu v. Deputy Registrar of Co-operative Society, Srikakulam[1], wherein it was held that regular enquiry by examining the witnesses and allowing the delinquent to cross examine them is essential before passing of a surcharge order under Section 60 of the Act. The learned Government Pleader appearing for the respondent could not dispute the petitioner’s plea that the impugned surcharge order was not preceded by an enquiry as contemplated under Section 60 of the Act. Accordingly, following the decision in Sanyasinaidu’s case (1 supra) the impugned orders are hereby set aside and the Writ Petition is disposed of with a direction to the respondent herein to conduct an independent enquiry and then pass an appropriate order afresh in accordance with law. No costs. ____________ Date: 21.10.2010 G. ROHINI, J Ivd [1] 1998 (1) ALD 455 (DB)