S RAMU Vs. JOINT REGISTRAR DISTRICT COOP OFFICER VISAKHAPATNAM
LAWS(APH)-2008-9-91
HIGH COURT OF ANDHRA PRADESH
Decided on September 29,2008

S. RAMU Appellant
VERSUS
JOINT REGISTRAR/DISTRICT COOP OFFICER, VISAKHAPATNAM Respondents

JUDGEMENT

L. Narasimha Reddy, J. - (1.)THE petitioner functioned as Secretary of the Golugonda Mandal Teachers cooperative Credit Society Ltd. Inspection, under Section 52 of the A. P. Cooperative Societies Act (for short "the Act") was caused, into the affairs of the Society. Certain findings were recorded against the petitioner. The same gave rise to surcharge proceedings, under Section 60 of the Act, and an order dated 28. 6. 2003 was passed, against the petitioner. He filed O. A. No. 50 of 2007, before the A. P. Cooperative Tribunal, Visakhapatnam. An order of interim stay was granted on 2. 7. 2007 in M. A. No. 26 of 2007. The said proceedings are pending.
(2.)THE District Cooperative Officer, Visakhapatnam, the 1st respondent herein, directed enquiry under Section 51 of the Act, into the affairs of the Society. Almost the same findings were repeated, against the petitioner. Based upon this report, surcharge proceedings were initiated by the 2nd respondent, vide notice dated 4. 9. 2008. The petitioner challenges the same.
(3.)SRI V. V. N. Narayana Rao, learned counsel for the petitioner, submits that the subject matter of inspection, under Section 52 of the Act, and enquiry under section 51, was one and the same, so much so, the amount indicated against the petitioner is identical. He contends that once the petitioner has been subjected to surcharge proceedings, as regards certain transactions, he cannot be made to face identical proceedings for the same amount.
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