THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.18957, 18994 and 19121 of 2008 COMMON ORDER: The petitioners in W.P.Nos.18957 and 18994 of 2008 are the employees of A.P. Cooperative Bank, Hyderabad and the petitioner in W.P.No.19121 of 2008 is an employee in the District Cooperative Central Bank, Visakhapatnam. An enquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’) was ordered into the aﬀairs of the District Cooperative Central Bank, Visakhapatnam, the fourth respondent in all the writ petitions. A report was submitted on 10.10.2005, by the enquiring authority pointing out certain irregularities. The petitioners were also named therein. Based on this report, the Divisional Cooperative Oﬃcer/Deputy Registrar of Cooperative Societies, Visakhapatnam, the third respondent herein, issued notices to the petitioners under sub-Section (1) of Section 60 of the Act. The enquiry is in progress. The grievance of the petitioners is that the third respondent did not furnish them the copy of the report under Section 51 of the Act and that he is insisting on the petitioners to prove their innocence instead of requiring the management of the society to prove its case vis-à-vis the petitioners. Heard the learned counsel for the petitioners and the learned Government Pleader for Cooperation. The basis for instituting the proceedings under Section 60 of the Act is the report submitted after conducting enquiry, inspection or audit under the relevant provisions of the Act. However, the report cannot be taken as a conclusive proof against the persons named in it. Though it may constitute a substantive piece of evidence, the burden rests upon the management of the society to prove the allegations made against the employees concerned or elected members. Further, the persons, who are facing the enquiry, are entitled to be furnished the copy of the report. It is represented that the third respondent had promised to furnish the report, which is running into several hundreds of pages. Having regard to the facts and circumstances of the case, the writ petitions are disposed of, directing that the third respondent shall furnish the copy of the report under Section 51 of the Act, which constituted the basis for the surcharge proceedings and require the management of the societies concerned to prove the allegations against the petitioners. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:05.09.2008. kdl