CIRCULAR MEMORANDUM OF THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, ANDHRA PRADESH, HYDERABAD.
Rc.No.20340/2006/L2
Dated: 04-09-2006.
Sub:- Coop. Dept.- A.P.C.S. Act, 1964 - Procedure for detailed
enquiry under Section 60 (1) of the A.P.C.S. Act, 1964 and Exercising of Statutory
powers conferred under the Act by the Departmental Officers - Instructions -
Issued.
Ref:- 1. CC & RCS.,
A.P., Hyderabad Cir. Memo Rc.No.1987/92/L2 dated 16-07-1997.
2. CC & RCS, A.P., Hyderabad D.Dis
Rc.No.1987/97/L2 dated 11-03-1998 addressed to all the DCOs. in the State.
3. SCDR/Secretary, APCT, Vijayawada
letter No.122/2006-E, dt. 24.6.06 along with copy of Judgement of the A.P.
Coop. Tribunal at Vijayawada dated 22-6-2006 in OA.No.47/1997.
@@@@@
The
attention of all Departmental Officers noted in the address entry is drawn to the
references cited. In the references cited
it was instructed that they shall comply with the provisions of the APCS Act, 1964 while exercising statutory powers conferred on them under the Act and that,
they will be severely dealt with, if any order passed by them or their
subordinates under the provisions of the Act is appealed against and suspended
or dismissed on the ground of non-compliance of the provisions of the APCS.Act, 1964. However it is brought to the
notice of the under signed in the reference 3rd cited, that the enquiries under Section 60 are not being completed within the stipulated period and it has been
requested to issue instructions to concerned to follow the procedure pointed
out in the case as reported in 2002 (6) ALT 380 and for issue
of necessary instructions to all the Deputy Registrars under the Jurisdiction
of APCT Vijayawada in order to follow the Principles laid down in the said
decision.
2. Therefore the true Extract of the case
reported in 2002 (6) ALT 380 is communicated here under:
In
case of Lankala Koderu Cooperative Rural Bank Limited, Palacol Mandal, W.G.
District Ungarala Pullaiah Naid and another. Reported in 2002 (6) ALT 380 wherein
their Lordship held.
''It
is mandatory to conduct enquiry upon the subject to lead evidence both oral and
documentary affording opportunity to the first respondent to cross examine and
also to lead rebuttal evidence and then initiate surcharge proceedings after
giving show cause notice to make representation. Therefore, the impugned order of surcharge
proceedings to compensate the funds misappropriation by the delinquent officer
i.e., the first respondent therein is
issued without conducting enquiry under Section 60 of the Act by the second respondent
(i.e., Deputy Registrar) and since he has not discharged his mandatory obligation
conferred under Section 60 of the Act, and failed to conduct independent or
regular enquiry to satisfy himself and give opportunity to the first respondent
to defend himself and put forth his cases, the order is liable to be set
aside for not following the procedure contemplated under Section 60 of the Act."
3. All the Departmental Officers are therefore
instructed to follow the instructions issued in the case reported above while
exercising the powers under Section 60 (1) of the APCS Act, 1964 conferred on
them from time to time.
4. They are also informed that if any order
passed by them or their subordinate officer under the above provisions of the
Act is appealed against and suspended on dismissed only on the ground or non-compliance
of the above instructions they will be severely dealt with. They are also
directed to send copy of every order passed by them to the undersigned for
perusal. The receipt of the Circular memo shall be acknowledged forthwith.
Sd./-
J.C.
Sharma,
Commissioner
& Registrar
for
Commissioner & Registrar
To
All the District Cooperative Officers
in the State
All the Divisional Coop. Officers in
the State.
Copy to All Deputy Registrars in Head
Office.
Copy to Legal (LI & L2) Section in
H.O.
Copy to Stock File /S.F.O.
Copy to SCDR/Secretary,
APCT, Vijayawada with a request to -
bring the circular to kind notice of the
Chairman.
Andhra Pradesh Cooperative Societies Act, 1964 (open)
