HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8815 of 2001 Date: November 12, 2010 Between: B. Venkanna Dora … Petitioner And 1. The Commissioner for Cooperation and Registrar of Coop. Societies, Govt. of A.P., Hyderabad & 3 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8815 of 2001 ORDER: The petitioner, a Secretary in the Srirampuram Primary Agricultural Credit Society (for brevity, the PACS), Payakaraopet Mandal, Visakhapatnam District, filed the present writ petition assailing the proceeding dated 15.02.2001 passed by its Chairman terminating his services, on the ground that the same was not preceded by a notice or inquiry. 2. The petitioner entered the service of the PACS as a clerk on 07.6.1990. He was promoted as a Secretary on 21.4.2000. As per the Special By-laws relating to the service conditions of the employees of Primary Agricultural Credit Societies, in so far as a Secretary is concerned, the competent authority for removing or dismissing him from service is the Managing Committee of the society in consultation with the District Level Committee. Further, By-law No.12.2 categorically states that no punishment shall be inflicted on any employee without proper inquiry in writing and providing him reasonable opportunity to explain his case and defend himself. These by-laws, having been issued by the Registrar of Cooperative Societies, partake of statutory flavour and are binding on the PACS. 3. The impugned proceeding dated 15.02.2001 does not reflect any notice or inquiry having preceded it. The Chairman of the PACS, who was incompetent as per the By-laws, having recorded findings therein against the petitioner, baldly stated that he was removing him from service. 4. Sri V.V. Narayana Rao, learned counsel, appearing for the PACS fairly conceded that the records do not reflect any inquiry having been conducted in the matter prior to issuance of the impugned proceeding dated 15.02.2001. That being so, the impugned proceeding, being in violation of the prescribed procedure, stands vitiated and would be void ab initio. 5. Irrespective of the seriousness of the allegations, if any, levelled against the petitioner, the PACS was bound to follow the prescribed procedure. That apart, when it intended to visit upon the petitioner the capital punishment of termination from service, it necessarily had to abide by the principles of natural justice. There is no evidence whatsoever of the petitioner being given any opportunity to defend himself prior to the issuance of the impugned proceeding. 6. The writ petition is therefore allowed setting aside the impugned proceeding dated 15.02.2001 issued by the Chairman of the Srirampuram PACS, Payakaraopet Mandal, Visakhapatnam District terminating the petitioner from service. The petitioner shall be reinstated in service with all consequential benefits. In the circumstances of the case, there shall be no order as to costs. ____________________ SANJAY KUMAR, J Date: November 12, 2010. BSB