High Court · 2025

Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly a writ in the nature of Mandamus declaring the action of respondents more particularly that of respondent No.2 to 4 in not permitting me to discharge my duties as a Chief Executive Officer with effect from February 2022 and not paying salaries from October 2021 in view of complaint made by me against some authorities of the society on 16-12-2021, 18-12-2021 and 04-01-2022 bringing out misappropriation and diversion of society funds without any notice of termination or any other notice is challenged in this Writ Petition as being arbitrary, illegal and voilative of Articles 1a. 19 (1)(g) and 300-A of the Constitution of lndia and consequently direct tlre respondents more particularly respondent No.3 and 4 to permit me to continLre to discharge my duties as Chief Executive Officer in Primary Agricultural Co-Operative Society, Chinna Ghanpur Village, Kulcharam Mandal, Medak District lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 3 and 4 to pay arrears of salary, current salary and continue to pay salary in future. Counsel for the Petitioner: SRI P.MANOHER Counsel for the Respondent No.1, 3 & 5: GP FOR COOPERATION Counsel for the Respondent No.2: AGP FOR REVENUE Counsel for the Respondent No.4: SRI S.CHANDRA MOHAN REDDy The Court made the following: ORDER i I ") HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.46905 OF 20Zz ORDER: Heard Sri P.Manohar, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Cooperation, appearing on behalf of the respondent No.1, learned Assistant Government Pleader for Revenue appearing on behalf of the respondent No.2, Sri S.Chandra Mohan Reddy, learned counsel appearing on behalf of the respondent No.4 2 T etitione r f ched the Co r Draver s under: *.......to issue a writ order or direction more particularly a writ in the nature of Mandamus declaring the action of respondents more particularly that of respondent No. 2 to 4 in not permitting me to discharge my duties as a Chief Executive Officer with effect from February, 2022 and not paying salaries from October, 2O2t in view of complaint made by me against some authorities oF the society on 16.12.202t, t8.L2-.2021 and 04.O7.2022 bringing out misappropriation and diversion of society funds without any notice of termination or any other notice is challenged in this Writ Petition as being arbitrary, illegat and voilative of Articles 14, 19(1)(g) and 300-4 of the Constitution of 2 India and consequently direct the respondents more particularly respondent No.3 and 4 to permit me to continue to discharge my duties as Chlef Executive Officer in Primary Agricultural Co-operative Society Chinna Ghanpur Village Kulcharam Mandal Medak District and IJdss.....

3. It is specific grievance of the petitioner that the petitioner ls the Chief Executive Officer of Primary Agriculture Co-operative Society, Chinnaghanpur Village, Kulcharam Mandal, Medak District and had been drawing salary of Rs. 18,578/- pm. Since few of the office bearers indulged in financial irregularities and diversion of funds, the petitioner herein filed complaints dated 16.12.202L,78.12.2021 and

04.07.2022. In view of the said complaints, the petitioner had not been allowed to discharge his duties since: February, 2022 and consequently, petitioner's salary had been withheld since October 2021. Aggrieved by the same, petitioner filed the present Writ Petition.

4. PERUSED THE RECO RD:- 1 3 A T e r t Dis r Co- Me ak ad ressed to the President, Pri marv Aqricult u ral Coo DerativeSo ietv. Chinna qhanou r(V). Kolcha ram Di No.2 54t20 2/C/2. dated 23.12. o22 i r extra cted he und r:- "With reference to the above, throuqh letters under reference 1't, 2nd and 3.d cited, this offic:e through Agriculture Cooperative Society to issue notice to Sri Ch.Satyanarayana Reddy, C.E.O. to removal from service. Under reference 5th cited, Sri Ch.satyanarayana Reddy, Chief Executive Officer, primary Agricuiture -informed Cooperative Society, Chinnaghanpur (V) has to this office that he is working from 01.03.2012 and there is no differences against him till to this date and the salary from 0.1.I0.2022 are not making any payment to him and he was removed form service and entrusted his duties of Chief Exeuctive Officer to sub_ staff but no notice that I was served/issued in regard with removal from service and also not permitting him to enter into the Society. The executive Committee harassing and demanding money and sign on the papers without giving paid vouchers. Whenever I demanded for paid vouchers, they simply replies ..we have no required his services and blunUy replies that there is no relation to this society and shunt out from the premises of the Society. Therefore, there is no information to the under signed that by whose orders were taken the services of Sri Ch.Satyanarayana Reddy as the above Chief Executive Officer was taken into primary Agriculture I ; i l I 4 Cooperative Society, Chinnaghanpur(V) and what reasons that the salary from 01.10.2C)21 to till to this date was paying to him and the reasons for removlng his s;ervices were not intimated to this office. Therefore, you are requested to disburse the pay & Allowances to till to this date and also Sri Ch.Satyanarayana Reddy, Chief Executive Officer is having full porvers to know the activities of the Primary Agriculture Cooperative Society. Therefore, DIease note that without h vlno anv orior noti e, his se rvtces cann of be rem oved, henc e, it is Dresumed that he is ill worki qas irected t Executive Offi cer and the Executive Committee to hand over full responsibilities of C.E.O. to hi m. Th etter of e Dis rt Co-o r e Offi Medak addressed to the Chairman, Primarv Aq ricultural Coooerative Societv, Chinn aq anDur(V Kolch r Mand dak Di tter N 62 2024 da ted 27.O9.2O 24 is extra cted hereu der: - " With reference to the above uncler reference 1.t cited, I have explained in regard with the that without issuing any prior notice to Sri Ch.Sathayanarayana Reddy, Chief Executive Officer you are nterrupting him from doing his legitimate duties w.e.f. 0.1.01.2022 which is serious and contrary to the section 116-C of Cooperative Act and in accordance with the said rule, it is a crime to remove the servlces of the Chief Executive Officer and forcibly locked his chamber comes under the ambit of "Criminal conspirancy ;and liable for prosecution under Section 353 of I.p.C. ) 1 ar ars Ito Therefore, I am directing to join for duty of Sri Chan dapuram Sathyanarayana Redy, Chief Executive Officer with immediate effect. Moreover, vou are directed to f salarv from w an hei 2L entitled to know the facts of day to day affairs of the Society in the cap acity of Chief Executive Officer since he was removed from service without prior assigning any kind of notic e, hence presumed that still he is working as Chief Executive Officer. More over one imperative fact that he is Government Servant and contrary to remove him without issuing any prior notice in accordance with ihe Rules and Regulations.

5. The limited relief which the petitioner seeks in the present Writ Petition is a direction to the 5th respondent i.e., The District Co-operative Officer, Integrated Collectorate Complex, Medak District to consider the grievance of the petitioner as put-forth vide petitioner,s representation, dated 71.L0.2022 pertaining to permitting the petitioner to discharge the duties as Chief Executive Officer in primary Agricultural Co-operative Society, Chinnaghanpur Village, Kulcharam Mandal, Medak District, since the peti.tioner had not been permitted to discharge the duties as Chief Executive Officer in primary Agricultural Co_operative Society, Chinnaghanpur Village, Kulcharam Mandal, Medak District from 01.10.2021 and the petitioner had not been paid any ->, I i .I 6 salary since 0L.70.2021 by the respondents hereln, on the ground that the petitioner raised his voice and made a complaint against few office bearers of the primary Agricultural Co-operative Society, Chinnaghanpur Village, Kulcharam lYandal, Medak District who had indulged in financial irregularities and diversion of funds.

6. Learned counsel appearing on behalf of the petitioner submits that in spite of petitioner representing to the respondents herein on several occasions personally and also through written representation, dated Il.I0.2O2Z addressed to the 5th respondent herein, still the 5th respondent failed to take appropriate action and the 4th respondent had not initiated any steps of entrusting work to the petitioner herein for discharge of the duties as Chief Executive officer, primary Agricultural Co-operative Society, Chinnaghanpur Village, Kulchararn Mandal, Medak District and therefore, the petitioner approached the Court by filing the present Writ Petition. DISC USSIo N AND CONCLUSION:- G. 7

7. A bare perusal of the proceedings, dated 23.12.2022 of the District Cooperative Officer, Medak addressed to the 4rh respondent herein, filed as material document by the petitioner herein in support of petitioner's case which crearry indicates a specific request made by the District Cooperative Officer to the 4th respondent herein to disburse the pay and allowances of the petitioner with a clear observation that without any prior notice or intimation, the petitioner cannot be removed from service and therefore, it is presumed that the petitioner is stiil working as chief Executive officer and the full responslbillties of the ChieF Executive Officer, hence need to be handed over to the petitioner herein. B. A bare perusal of the letter, dated 27.09.2O24 of the District cooperative officer, Medak District addressed to the Chairman, primary Agricultural Cooperative Society, Chinnaghanpur(V), Kolcharam (Mandal) filed as material document by the petitioner in support of petitioner,s case also indicates that it is reiterated in the said letter that the petitioner cannot be removed without prior notice from service, without assigning any reasons and hence, it can be t 8 presumed that petitioner is still working as Chief Executive Officer in Primary Agricultural Co-operative Society, Chinnaghanpur Village, Kulcharam Mandal, Medak and therefore, to pay the arrears of salary due to the petitioner from 01.10.2021 onwards till as on the date of issuance of the said letter, dated 27.O9.2024 to the petitioner.

9. Learned Assistant Government Pleader appearing on behalf of the respondents submits that the Writ Petition could be disposed of directing the respondent Nos.4 & 5 to consider the grievance of the petitioner as put-forth by the petitioner vide petitioner's representation, dated 71.1O.2022 addressed to the 5tr' respondent herein in accordance to law, pertaining to permitting the petitioner to discharge the duties as Chief Executive Officer, Primary Agricultural Co-operative Society, Chinnaghanpur Village, Kulcharam Mandal, Medak District forthwith within a reasonable perlod in accordance to law.

10. Takinq into consideration:- a) The aforesaid facts and circumstances of the case, I 9 b) The submissions made by the learned counsel appearing on behatf of the petitioner and learned Assistant Government Pleader appearing on behalf of the resPondents The contents of the representation of the c) petitioner addressed to the District Cooperative Officer, Medak, dated 11.10.2022. d) The contents of the letter of the District Co- operative Officer, Medak addressed to the President, Primary Agricultural Cooperative Society, Chinnaghanpur(V), Kolcharam (Mandal), Medak District vide Letter No.258/2O221C12, dated 23.L2.2O22 (referred to and extracted above). e) The contents of the letter of the District Co- operative Officer, Medak addressed to the Chairman, Primary Agricultural Cooperative Society, Chinnaghanpur(V), Kolcharam (Mandal), Medak District vide Letter No-462/2O24.C, dated

27.Og.2024 (referred to and extracted above) j ."i 10 The Writ petition is disposed of directing the respondent Nos.4 & 5 to consider the grievance of tlre petitioner as put_forth by the petitioner vide petitioner,s representation/ dated tl...ir(,.ZO22 pertaining to permitting the petitioner to discharge the duties as Chief Executive Officer, primary Agricultural Co-operative Society, Chinnaghanpur Village, Kulcharam Mandal, Medak District, since it is the specific case of the petitioner that the petitioner is not being permitted to discharge the said duties w.e.f. February, 2O22 and is not being paid any satary from October, 2024, duly taking into consideration the contents of the letters, dated 23.1,2.2022 and 27.O9.2024 addressed by the District Cooperative Officer, Medak addressed to the primary Agricuitural Cooperative Society, Chinnaghanpur (Village),Kotchaaram Mandal, Medak District, in accordance to law within a period of three (O3) weeks from the date of receipt of copy of the order and pass appropriate orders and duly communicate the decision 1l to the petitioner. However, there shall be no order as , to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.; //TRUE COPY// SD/- P. PADMANABH REDDY ISTRAR ASSISTANT R To, State of Telangana. sEcTloN oFFICER 1. The Principal Secretary, Cooperative Department, Secretariat, Hyderabad, 2. The District Collector, Medak District, At Medak. 3. The Divl. Coop. Officer, Medak Division. At Medak. . u Ili.fl#.#f;#hfjlifi y.f*rts:i#uraI coop society, chinna Ghanpur Viilase, officer, tntesrated Coilectorate Comptex, r\itedak l[ir,3':t8l1lgynerative

6. One CC to SRt p.MANOHER, Advocate tOpUCl 7. One CC to SRt S.CHANDRA MOHAN REDDY, Advocate tOpUCl 8 Two ccs to Gp FoR coopERATIoN, High court for the state of rerangana 9. Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at '10. Two CD Copies at Hyderabad [OUT] Hyderabad [OUT] BSR GJP e ,/ / CC TODAY HIGH COURT DATED:2610312025 7 * w o ( 1EL4 o G Ar: A--- ^\$ \ \ * 3H 9r* ., ,lJ F e. o I ORDER WP.No.46905 of 2022 I I l DISPOSING OF THE WRIT PETITION, WITHOUT COSTS