IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12766 of 2008 Between: P. Rama Rao S/o. Jaganadha Rao Pudimadaka Road, Anakapalli, Visakhapatnam District. ..... PETITIONER AND 1 The Commissioner and Registrar of Cooperative Societiesm, Government of A.P. Gruhakalpa Complex, Nampally, Hyderabad. 2 District Collector-Cum/Chairman District Coop Central Bank Ltd., Visakhapatnam. 3 The Joint Registrar/District Coop. Officer Visakhaptnam. 4 The District Coop. Central Bank Ltd., Marripalem, VUDA Layout, NAD Post, Visakhapatnam, Rep. bys its General Manager. .....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 a writ order or direction more particularly one in the nature of writ of Mandmaus declaring of the action of the 4th Respondent Bank in not reinstating the petitioner into service as staff assistant and in not implementing the proceedings of the then 2nd respondent vide Rc No. 1090/2005C (Coop) dt. 16-4-2005 as illegal, arbitrary and violative of Arts 14 and 21 of the Constitution of India and consequently direct the 4th Respondent to reinstate the petitioner into service as staff assistant in pursuance of the proceedings dt. 16-4-2005 with all consequential benefits and conduct enquiry as directed by the then 2nd respondent after giving an opportunity to the petitioner and pass Counsel for the Petitioner:MR.V.V.N.NARAYANA RAO Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12766 of 2008 ORDER: The petitioner was functioning as a Supervisor in the District Co-operative Central Bank Limited, Visakhapatnam, 4th respondent herein. An inspection under Section 53 of the Co-operative Societies Act, 1964 (for short ‘the Act’) was caused into the functioning of the P.A.C.S., Vechalam, which is financed by the 4th respondent. The report of the inspection revealed that a sum of Rs.22,54,600/- was misappropriated by the President and the Secretary of the said society and that the petitioner failed to discharge his duties as Supervisor, to prevent such misappropriation. A charge sheet, dated 30.12.2001 was issued to the petitioner. On finding that the explanation submitted by the petitioner is not satisfactory, the 4th respondent appointed an enquiry officer. A report was submitted, holding that the charge leveled against the petitioner is proved. After issuing a show cause notice, dated 18.12.2004, the 4th respondent passed an order, dated 05.04.2005, dismissing the petitioner from service. Aggrieved by the order of dismissal, the petitioner filed an appeal before the 2nd respondent, who, at the relevant point of time, was the District Collector, acting as person-in- charge of the 4th respondent. Through an order, dated 16.04.2005, the 2nd respondent kept the order, dated 05.04.2005, in abeyance, paving the way for the reinstatement of the petitioner into service. He also directed the 3rd respondent herein to cause enquiry into the matter and conduct hearing. The grievance of the petitioner is that even after lapse of 3 years, he has not been reinstated into service. Sri V.V.N.Narayana Rao, learned counsel for the petitioner submits that once the appellate authority has passed an interim order keeping the order of dismissal in abeyance, the 4th respondent is under obligation to reinstate the petitioner. He further submits that though 3 years have elapsed, neither the appeal is disposed of nor the petitioner is reinstated. Learned Government Pleader for Co-operation and Sri M.S.Ramachandra Rao, learned counsel for the 4th respondent, on instructions, submit that the 2nd respondent, who passed the order, dated 16.04.2005, has modified the same, at a subsequent date, on realizing the gravity of the situation. They also submit that the appellate authority examined the matter and referred the same to the Government, for certain clarifications. The 4th respondent dismissed the petitioner from service, after issuing a charge sheet and thereafter, a show cause notice, on the basis of the findings recorded in the domestic enquiry. The petitioner availed the statutory remedy of appeal before the 2nd respondent. It is no doubt true that the 2nd respondent i.e., person-in-charge at that time, had passed an order, dated 16.04.2005, keeping the order, dated 05.04.2005, in abeyance. Another direction issued by him was that the 3rd respondent herein shall hear the appeal. The course of action adopted in the order, dated 16.04.2005, as to the further steps is contrary to law. When the powers of appeal are conferred upon a specific authority, the question of delegating the same to another does not arise. That, however, pales into insignificance, inasmuch as the elected body has since assumed charge. Had it been a case, where the direction issued by the appellate authority to keep order of dismissal in abeyance, is still in force, there would have been some basis for the petitioner to insist on implementation thereof. It is brought to the notice of this Court that the 2nd respondent himself has made an endorsement nullifying the directions contained in the order, dated 16.04.2005. At any rate, the petitioner approached this Court after expiry of three years. Therefore, no relief can be granted at this stage. The 2nd respondent cannot keep the appeal preferred by the petitioner pending indefinitely. Hence, the writ petition is disposed of, directing the 2nd respondent to pass appropriate orders in the appeal preferred by the petitioner against the order of dismissal, dated 05.04.2005, after giving him an opportunity of being heard, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 20.06.2008 Note: Issue C.C. in three (3) days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12766 of 2008 Date: 20.06.2008 JSU