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M.Chandramouli Reddy vs The State Of Andhra Pradesh on 31 July, 2019 cites

S.Ramu S/O Laxmana vs The A.P. Cooperative ... on 18 February, 2014

In the instant case, as seen from the impugned surcharge proceedings, it shows that after careful examination of the final audit report 2015-2016, special audit report, sworn depositions of the concerned officers the authority came to the conclusion that an amount of Rs.23,65,287.92 ps shall be recovered from the members 6 MGRJ W.P.No.3994 of 2018 of the 4th respondent managing committee jointly and severally as the managing committee has incurred excess expenditure for management and payment of salaries to the staff of the society during the year 2015-2016. In fact, the authority has not given any notice or opportunity of making a representation to the petitioner before passing the impugned surcharge order. Even the authority has not given any opportunity of cross-examining the witnesses, who gave sworn statements, during the course of enquiry. Hence, the authority has not followed the procedure as contemplated under Section 60 of the Act and the law laid down by this Court in the decision stated supra and hence, the authority has grossly violated the principles of natural justice. The surcharge order is passed based on revised audit report said to be under Section 52 of the Act, wherein the surcharged persons were not allowed to participate in the enquiry.
Andhra HC (Pre-Telangana) Cites 16 - Cited by 1 - Full Document

Challa Sanyasinaidu vs Deputy Registrar Of Co-Op. Society, ... on 12 December, 1997

Hence, the petitioner is entitled for opportunity before passing surcharge order, surcharge proceedings has to be conducted akin to civil court procedure, as the jurisdiction of the civil court is barred under Section 121 of the A.P. Cooperative Societies Act, as the surcharge order is passed in utter violation of the provisions of Section 60 (1) of the Act and contrary to the decisions laid down in Challa Sanyasinaidu v. Deputy Registrar of Cooperative Societies, Srikakulam (1998(1) ALT 482 (DB) and Kolluri Bhaskara Rao v. Deputy Registrar of Cooperative Societies, Gudivada, Krishna District (1998 (3) ALD 154 (DB). Therefore, the impugned surcharge proceedings are not sustainable in law and the same liable to be set aside.
Andhra HC (Pre-Telangana) Cites 11 - Cited by 17 - C V Sastri - Full Document
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