IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.28943 of 2011 Between: Vallu Veerabhadra Rao … Petitioner and The Government of A.P., Represented by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.28943 of 2011 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the 2nd respondent for non implementation of the appellate proceedings communicated vide proceedings dated 05.12.2008 enclosing minutes dated 05.11.2008 except to the extent of Government’s approval by as illegal, arbitrary and violative of provisions contained in Article 14, 16 and 21 of the Constitution of India and further violative of special bye-laws framed under the provisions of A.P. Cooperative Societies Act, 1964. Brief facts of the case are that the petitioner, while working as Junior Manager under the control of respondents, was imposed a penalty of removal from service vide proceedings dated 11.04.2008 on the ground of misappropriation of funds. Thereafter, the petitioner filed an appeal before the appellate authority on 02.05.2008 questioning the removal proceedings dated 11.04.2008. After a lapse of about three years, the petitioner made a representation dated 20.07.2011 under Right to Information Act, 2005 to know the result of appeal for which, he received a reply dated 15.09.2011 and he was also communicated a copy of the proceedings dated 05.12.2008 where under by minutes dated 05.11.2008, the modification of punishment of removal from service to that of stoppage of two annual grade increments with cumulative effect have been resolved by the appellate authority. Where under it is also stated that the resolution is subject to approval of the Government. In this regard, the petitioner submitted that the respondent Society is a Society registered under the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’) and Section 9 states that every society registered under the said Act is a body corporate and can be sue or be sued and is also having perpetual succession and thus is a separate legal entity independent of any entity such as the State Government. When once the authority empowered to dispose of the appeal has been passed orders, the appellate power is not referred to any restriction such as the approval of the Government unless any such power is specifically available under the enabling statute or the by-laws framed under the statute. It is also submitted by the petitioner that assuming without conceding that the Government has such power and without prejudice to his rights, even the said power is not being exercised by the 1st respondent, Government, the 1st respondent is not disposing of the letter addressed by the 2nd respondent dated 18.12.2008, unless the 1st respondent is directed to pass orders in pursuant to the letter dated 18.12.2008, the petitioner suffers serious and irreparable loss. It is also submitted that the provisions contained under Section 116(B) of the Act, where under the Government is empowered to give directions to society only in respect of appointments or for the grant of any special concession to Schedule Castes and Schedule Tribes and not in respect of disciplinary matter and hence the restriction mentioned in the minutes of appellate authority dated 05.11.2008 insofar as seeking the approval of the Government is untenable and unsustainable under law. Hence, the petitioner filed the present writ petition. The learned counsel appearing for the petitioner would submit that on the ground of misappropriation of funds, the petitioner was removed from service vide Proceedings dated 11.04.2008 and aggrieved by the same, the petitioner preferred an appeal on 02.05.2008 before the appellate authority. The appellate authority modified the punishment of removal with that of stoppage of two annual grade increments with cumulative effect and passed an order to that effect subject to approval of the Government. Thereafter, the 2nd respondent addressed a letter dated 18.12.2008 to the Government seeking approval of said modification order and the same is pending with the Government, 1st respondent. It is also submitted by him that the Government has no power under the provisions of the Act except in certain areas and particularly in the matter wherein the subject matter of the instant writ petition is involved. However, he submitted that keeping the matter pending before the Government, for such a long period, i.e. from 2008 to till now, without passing any order, is nothing but violation of principles of natural justice. Therefore, he requested this Court that without prejudice to his rights with regard to power of the Government, the Government may be directed to pass appropriate orders on the letter dated 18.12.2008 addressed by the 2nd respondent to the Government. On the other hand, the learned Government Pleader would submit that having regard to the nature of the relief sought for in the writ petition and the facts and circumstances of the case, the 1st respondent, Government, may be directed to pass appropriate orders on the letter dated 18.12.2008, addressed by the 2nd respondent to the Government. In view of the above, without going into the merits of the case, the 1st respondent, Government, is directed to pass appropriate orders on the letter dated 18.12.2008, addressed by the 2nd respondent to the 1st respondent, Government, in accordance with law, within a period of one month, from the date of receipt of a copy of this order, if the Government has already not passed any orders. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 29.10.2011 LSK