D. Manoharamma vs. The District Co-Operative Officer

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.486 of 2013

Date: 11.06.2013

Between:

Smt. D.Manoharamma

and

.. Petitioner

The District Cooperative Officer, Chittoor and others

.. Respondents

Counsel for the Petitioner : --- Counsel for Respondent Nos.1 & 2: Government Pleader for Cooperation

Counsel for Respondent No.3:

ORDER:

This writ petition is filed for a Certiorari to quash the surcharge order in Rc.No.358/2006-B dated 05.11.2012 of respondent No.2.

At the hearing, there is no representation for the petitioner. I have heard the learned Government Pleader for Cooperation and Smt.J.Koteswari Devi, learned counsel appearing for respondent No.3.

A perusal of the record shows that the impugned order was passed under Section 60(1) of the Andhra Pradesh Cooperative Societies Act, 1964 (for short 'the Act') fastening liability on the petitioner for the alleged irregularities committed by her husband, who was the Supervisor of the District Cooperative Central Bank, Kongareddipalle Branch, at the relevant point of time. The order further shows that the petitioner has participated in the surcharge enquiry after the death of her husband and that the order was passed on merits.

Under Section 76 of the Act, the petitioner is entitled to file an appeal before the Cooperative Tribunal, if she feels aggrieved by the surcharge order. Therefore, I do not find any reason to entertain this writ petition for adjudication on merits when the petitioner has an effective alternative remedy available.

Hence, without going into the merits of the case, the Writ Petition is dismissed with liberty to the petitioner to avail the remedy of appeal before the Cooperative Tribunal.

As a sequel to dismissal of the writ petition, W.P.M.P.No.598 of 2013 filed by the petitioner for interim relief shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J

_____________________

11 th June, 2013 GHN