Aray Sankaraiah vs The State Of Andhra Pradesh on 21 July, 2026

    0
    8
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    Aray Sankaraiah vs The State Of Andhra Pradesh on 21 July, 2026

    Date of reserved for orders : 16.07.2026
    Date of pronouncement       : 21.07.2026
    Date of uploading           : 21.07.2026
    APHC010226412021
    
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI               [3330]
                              (Special Original Jurisdiction)
    
                       TUESDAY, THE 21st DAY OF JULY 2026
                                    PRESENT
      THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
                        WRIT PETITION No. 13221 OF 2021
    BETWEEN:
    
       1. ARAY SANKARAIAH, S/o. VENKATAIAH, AGED 59 YEARS,
          OCC:   STAFF ASSISTANT,   KALUVOY   PACS,     R/o.
          MADANNAGARI PALLI, KALUVOY MANDAL, SPSR N NELLORE
          DISTRICT.                           ...PETITIONER
    
                                       AND
    
       1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S SECRETARY,
          COOPERATIVE DEPT., A. P. SECRETARIAT, VELAGAPUDI,
          AMARAVATHI, GUNTUR DISTRICT.
    
       2. THE JT REGISTRAR OF COOPERATIVE SOCIETIES, AND THE
          DISTRICT  COOPERATIVE   OFFICER, NELLORE,     SPSR
          NELLORE DISTRICT.
    
       3. THE DY REGISTRAR OF COOPERATIVE SOCIETIES, AND THE
          DIVISIONAL COOPERATIVE OFFICER, NELLORE.
    
       4. KALUVOY PACS, KALUVOY VILLAGE 85 MANDAL,          SPSR
          NELLORE DISTRICT REP. BY IT'S CHIEF EXECUTIVE OFFICER.
    
       5. THE PERSON INCHARGE COMMITTEE, REP. BY ITS
          PRESIDENT, KALUVOY PACS, KALUVOY VILLAGE 85 MANDAL,
          SPSR NELLORE DISTRICT
    
                                                    ...RESPONDENT(S):
                                          2
    
    
    
          Petition under Article 226 of the Constitution of India praying that in
    the circumstances stated in the affidavit filed therewith, the High Court
    may be pleased to issue an order, writ or direction more particularly in the
    nature of a writ of Mandamus under article 226 of the constitution of India
    declaring the action of the respondents in placing the petitioner under
    suspension pursuant to the order passed by the 3rd respondent in his
    proceedings Rc. No. 2099/011/C dated 25.7.2012 and not reinstating him
    into service as staff assistant in 4th respondent society despite the order
    passed by the 3rd respondent in his proceedings Rc. NO. 994/2017/C,
    dated 20.3.2021 by invoking the statutory powers conferred under section
    59 (3) of AP Cooperative Societies Act 1964 and the orders passed by
    the 3rd respondent in his proceedings Rc. No. 1045/2011/C dated
    27.10.2016 absolving the petitioner of all the charges leveled against him
    as illegal, arbitrary, unjust and without Jurisdiction and also violative of
    articles 14 and 21 of the constitution of India and consequently direct the
    respondents to pay the arrears of salary with effect from 16.7.2011 till the
    date of his attainment of superannuation i.e. 30-06-2024 with all attendant
    benefits and allowances in terms of G.O.Ms.No.151 Agri Cooperation
    (Coop-VI) department dated 22-06-2009 and HR Policy as adopted by the
    4th respondent society with interest thereon @ 12% per annum and pass
    such other order or orders as this Honble Court may deem fit and proper
    in the circumstances of the case. Main Prayer amended/substituted as
    per Court Order dated 19-11-2025 vide IA No.2 of 2025 in WP No.13221
    of 2021.
    
    Counsel for the Petitioner:
    
       1. P SRIDHAR REDDY
    
    Counsel for the Respondent(S):
    
       1. S NISCHALA REDDY
    
       2. Siva Prasad Reddy
    
       3. SIVAPRASAD REDDY VENATI
    
       4. GP FOR SERVICES II
    
    The Court made the following:
                                            3
    
    
    
    ORDER:

    This Court allowed the petitioner to amend the main prayer vide

    order dated 19.11.2025 in I.A. No 2 of 2025 in WP No. 13221 of

    SPONSORED

    2021. After allowing the amendment the prayer of the writ petitioner is to

    issue an order writ or direction more particularly in the nature of a writ of

    Mandamus under Article 226 of the Constitution of India declaring the

    action of the respondents in placing the petitioner under suspension

    pursuant to the order passed by the 3rd respondent in his proceedings Rc.

    No.2099/011/C dated 25.07.2012 and not reinstating the petitioner into

    service as staff assistant in 4th respondent society despite the order

    passed by the 3rd respondent in his proceedings Rc.No.994/2017/C dated

    20.03.2021 by invoking the statutory powers conferred under Section

    59(3) of AP Cooperative Societies Act 1964 and the orders passed by the

    3rd respondent in his proceedings Rc.No.1045/2011/C dated 27.10.2016

    absolving the petitioner of all the charges leveled against the writ

    petitioner amounts to illegal, arbitrary, unjust and without jurisdiction and

    also violative of Articles 14 and 21 of the Constitution of India and

    consequently prayed to direct the respondents to pay the arrears of salary

    with effect from (w.e.f.)16.07.2011 till the date of his attainment of

    superannuation i.e., 30.06.2024 with all attendant benefits and

    allowances in terms of G.O.Ms.No.151 Agri & Cooperation (Coop-VI)

    department dated 22.06.2009 and HR Policy as adopted by the 4th
    4

    respondent society with interest thereon @ 12% per annum and pass

    such other order or orders as this Honble Court may deem fit and proper

    in the circumstances of the case.

    2. The facts that set out in the affidavit filed in support of the writ

    petition is that petitioner was joined as clerk in 4th respondent-society later

    he was promoted as Chief Executive Officer vide resolution dated

    27.01.2009 by 4th respondent-society and posted as Staff Assistant with

    effect from 15.07.2011.

    3. While so the 2nd respondent District Co-operative Officer has

    ordered enquiry under Section 51 of the A.P. Co-operative Societies Act

    1964 (for short herein after referred as Act) the enquiry officer has

    submitted his enquiry report vide proceedings in Rc.No.31/2011C dated

    16.04.2012 against all the staff members of the society and ordered to

    recover Rs.1,24,479/- from the petitioner on the ground that petitioner has

    drawn excess salary. The 3rd respondent vide proceedings dated

    24.07.2012 based on the enquiry report ordered to initiate disciplinary

    proceedings under Section 59(1) of Act. Subsequent to the said

    proceedings the president of the 4th respondent-Society placed the

    petitioner under suspension vide order dated 13.08.2012. Aggrieved by

    the order of suspension, the petitioner herein filed W.P. No. 25512 of

    2012 and the said writ petition was withdrawn with liberty to avail

    alternative remedy before the Co-operative Society Tribunal.
    5

    4. Further it is asserted that the petitioner herein filed O.A. under

    Section 76 of the Act for ordering to recover an amount of Rs.1, 24,479/-

    aggrieved by the order dated 18.05.2013 of the 3rd respondent-Deputy

    Registrar Co-operative Society passed under section 60(1) of the Act and

    the said O.A., was allowed by remanding the matter for fresh enquiry by

    setting aside the surcharge order dated 18.05.2023. After remand, the 3rd

    respondent has conducted a detailed enquiry under Section 51 of the Act

    and held that 7 charges that were not proved vide proceedings in Rc.No.

    1045/2011C dated 27.10.2016. While the enquiry is going on the society

    has recovered the excess amount from the salary of the petitioner.

    Subsequent to the order of the 3rd respondent dated 27.10.2016 in

    discharging the petitioner from the surcharge proceedings, on the

    representation dated 06.12.2016, the 5th respondent through proceedings

    in Rc.No.68/2011C dated 17.12.2016 directed the President of the society

    to reinstate the petitioner to duties, however the petitioner was not

    reinstated as per the direction of the 5th respondent.

    5. Petitioner herein filed W.P. No. 19400 of 2017 challenging the

    proceedings Rc.No. 2099/011C dated 25.07.2012 of the 3rd respondent

    before the Common High Court aggrieved in placing the petitioner under

    suspension with consequential direction to reinstate with all attendant

    benefits, including for payment of arrears in the post of Staff Assistant on

    the ground that despite the writ petitioner being absolved or exonerated
    6

    from the surcharge proceedings vide proceedings in Rc. No.1045/2011C

    dated 27.10.2016. This Court has directed the respondent to pay

    subsistence allowance vide order dated 07.02.2018 in W.P.M.P. No.

    23627 of 2017. Despite the direction, the respondents have not paid the

    subsistence allowance, hence the petitioner once again knocked the door

    of the High Court under the contempt of Courts Act vide C.C. No.1070 of

    2018. Subsequent to the Contempt Case the respondents have paid the

    subsistence allowance to the petitioner.

    6. The counsel for the petitioner contends that the petitioner cannot

    be subjected to prolonged suspension. Since the petitioner was absolved

    of the surcharge in an enquiry conducted by the Deputy Registrar of

    Cooperative Societies, and the proceedings in Rc.No.1045/2011C

    dated 27.10.2016 have attained finality, the counsel argues that the

    petitioner is entitled to retire at the age of 60 pursuant to the amendment

    to The AP Public Employment (Regulation of Age of Superannuation) Act,

    1984 (Act No.23 of 1984) and the 4th respondent-society has adopted the

    said amendment.

    7. The respective respondents have filed counter affidavit, their

    contentions divulges in the following: The respondent Nos. 1 to 3, filed

    counter affidavit and it is asserted that it is true that the petitioner was

    placed under suspension pursuant to the orders passed by the 3rd

    respondent under Section 59(3) of the Act. But it is not true that the
    7

    respondents are bound to reinstate the writ petitioner pursuant to the

    orders by the 3rd respondent invoking powers under Section 59(1) of the

    Act. Challenging the proceeding in RC No.1045/2011/C dated

    27.10.2016 issued by the 3rd respondent, 4th respondent-society filed O.A.

    No.16 of 2016 and the same was pending for disposal before the A.P.

    Cooperative Tribunal on which Sri A. Sankaraiah, writ petitioner herein

    assailing. Therefore, the Surcharge Proceedings against the petitioner

    even though closed at the level of Deputy Registrar Court still pending

    with the A.P. Cooperative Tribunal, Vijayawada. As the matter stand

    thus, considering his request will be subjudice.

    8. The respondent Nos.4 and 5 filed counter affidavit and it is

    asserted that the 3rd respondent permitted the 5th respondent to reinstate

    the petitioner under Section 59(1) of A.P. Cooperative Societies Act.

    Challenging the surcharge proceedings issued vide RC 1045/2011/C

    dated 27.10.2016 of the 3rd respondent an O.A. No.14 of 2016 filed by the

    Society before the A.P. Cooperative Tribunal and the same was pending

    for disposal on which petitioner is assailing. Society filed implead petition

    seeking impleademnt of the petitioner in I.A. No.63 of 2018, the same is

    pending for consideration. Therefore, the surcharge proceedings against

    petitioner even though closed before the 3rd Respondent, still pending

    before the A.P. Cooperative Tribunal and also stated that Writ Petition

    filed by petitioner is still pending. It is further stated that direction of the 3rd
    8

    respondent in absolving the writ petitioner cannot be contrary to the law

    and by-laws of the Society, the respondent No.4 herein has to take action

    as per the procedure laid down in the service bye-laws of the

    Society. And it is further asserted that the Society by-laws were never

    amended and enhanced the age of superannuation from 58 years to 60

    years due to financial condition of the Society. Further, Rule 28(7) of

    Andhra Pradesh Co-operative Societies Rules, 1964 states that the

    Cooperative Credit Societies mentioned in Section 115-C & D of the

    Andhra Pradesh Co-operative Societies Act, 1964, are exempted from

    Rule 28 (6) and may frame such bye-laws/special bye-laws of service

    regulations of the Cooperative Credit Societies. Every paid servant and

    officer of that Society shall retire from service on attaining such age that is

    not in excess of the subsisting rules governing the age of superannuation.

    9. It is noticed from the writ affidavit that the petitioner has made a

    representation on 01.03.2021 to the respondents 2 to 5 to reinstate the

    petitioner to the duties as the prolonged suspension is un-known to law

    despite being absolved or exonerated from surcharge charges levelled

    under Section 60(1) of the Act in an enquiry conducted under Section 21

    of C.C.C.A. Rules against the petitioner vide proceeding dated

    27.10.2016 by the Deputy Registrar of Co-operative Society, inspite of

    direction giving by the 5th respondent to reinstate the petitioner under

    Section 59 (1) of the Act. On the above grounds the present writ petition
    9

    initially filed to reinstate the petitioner as Staff Assistant in 4th respondent-

    society with all attendant benefits including arrears of salary from

    16.07.2011 by amending the prayer the petitioner seeks a direction to

    direct the respondents.

    10. The Supreme Court in Ajay Kumar Choudhary Vs Union of

    India1, deprecated the practice of protracted suspension and repeated

    renewal and indicated that a reasoned order must be passed for the

    extension of suspension.

    The Supreme Court held that :

    Suspension, specially preceding the formulation of
    charges, is essentially transitory or temporary in nature,
    and must perforce be of short duration. If it is for an
    indeterminate period or if its renewal is not based on
    sound reasoning contemporaneously available on the
    record, this would render it punitive in nature.
    Departmental/ disciplinary proceedings invariably
    commence with delay, are plagued with procrastination
    prior and post the drawing up of the Memorandum of
    Charges, and eventually culminate after even longer
    delay.

    Protracted periods of suspension, repeated renewal
    thereof, have regrettably become the norm and not the
    exception that they ought to be. The suspended person
    suffering the ignominy of insinuations, the scorn of
    society and the derision of his Department, has to

    1
    (2015) 7 SCC 291
    10

    endure this excruciation even before he is formally
    charged with some misdemeanour, indiscretion or
    offence. His torment is his knowledge that if and when
    charged, it will inexorably take an inordinate time for
    the inquisition or inquiry to come to its culmination,
    that is to determine his innocence or iniquity. Much too
    often this has now become an accompaniment to
    retirement.

    11. In several or plethora of judgments, the Hon’ble Apex Court has

    categorically held that a person involved in a criminal case, particularly in

    corruption case, can be placed under suspension till he is exonerated and

    he can claim only subsistence allowance. [ See Union of India Vs Rajiv

    Kumar reported in 2003 (6) SCC 516. (2) State Bank of India Vs Rattan

    Singh reported in 2000 (10) SCC 396]

    12. Though the Hon’ble Supreme Court has frowned upon the long

    period of suspension in the case Ajay Kumar Choudhary (referred supra

    1). In the light of the above judicial pronouncement, in dealing with the

    subject of prolonged suspension, court cannot endorsed or direct as a

    matter of course for revocation of suspension to the employer to reinstate

    the delinquent. It has to be based on the facts of each case and after

    noticing the reason for the delay in keeping the employee under

    prolonged suspension.

    13. On perusal of the material on record the 3rd respondent directed the

    society to reinstate the petitioner as Staff Assistant. It is not in dispute
    11

    that the petitioner was suspended on 13.08.2012 and the surcharge

    proceedings initiated under Section 60(1) alongside an enquiry conducted

    under Section 51 of the Act vide proceedings in Rc. No.1045/2011C

    dated 27.10.2016 resulted the 7 charges that framed were not proved

    against the petitioner, furthermore no departmental proceedings were

    pending against the petitioner. Mere pendency of O.A. No.14 of 2016

    filed by the Society before the A.P. Cooperative Tribunal or an

    application for stay did not amount to a stay, does not result in a deemed

    or automatic stay of the order of exonerating or absolving from the

    surcharge proceedings. That the order under appeal shall not take effect

    until the appeal is disposed of.

    14. Therefore, it is a fit case that calls for interference on the basis of

    the judgment of the Hon’ble Apex Court in the case of Ajay Kumar

    Choudhary Vs Union of India(supra 1)of the above cited decisions.

    15. Accordingly, the writ petition is allowed and the suspension order

    dated 13.08.2012 is hereby set aside and the respondents are directed to

    reinstate the petitioner to the post of Staff Assistant. As the petitioner

    was superannuated on 30.06.2024, the respondents are hereby directed

    to pay the salary with all attendant benefits and allowances which he is

    entitled in terms of G.O.Ms.No.151 Agri & Cooperation (Coop-VI)

    department dated 22.06.2009 and HR Policy as adopted by the 4th
    12

    respondent-Society. The respondents can deduct any payment that was

    made as per the direction of this Court. However no order as to costs.

    As a sequel, interlocutory applications, if any, pending in this writ

    petition shall stand closed.

    __________________________________
    JUSTICE TARLADA RAJASEKHAR RAO
    Date: 21.07.2026

    Harin
    13

    3
    THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

    W.P.No. 13221 of 2021

    Date: 21-07-2026

    Harin



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here