IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.2619/2017 (CS-RES) C/W WRIT PETITION NO.53788/2016 (CS-RES) *& W.P.Nos.59469-472/2016 (CS-RES) IN W.P.NO.2619/2017 BETWEEN:
THE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BY ITS SECRETARY, VASANTHAKUMAR, AGED ABOUT 40 YEARS, MIRLE VILLAGE, K.R. NAGARA TALUK, MYSORE DISTRICT, PIN CODE-571 603. ... PETITIONER (BY SRI. N.B. NIJALINGAPPA, ADV.) AND:
1. SRI. M.K. EKALAVYA S/O. LATE M.P. KEMPEGOWDA, AGED ABOUT 50 YEARS, RESIDENT OF MIRLE VILLAGE, K.R. NAGARA TALUK, MYSORE DISTRICT, PIN CODE-571 603.
2. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSUR SUB DIVISION, HUNSUR, MYSORE DISTRICT, * Inserted vide Court order dated 12.12.2017 PIN CODE-571 105.
3. R. KANTHARAJU S/O. G. RAMEGOWDA, AGED ABOUT 45 YEARS.
4. M.N. MANJUNATH S/O. NAGARAJE GOWDA, AGED ABOUT 48 YEARS.
5. SMT. SHAMANTHA W/O. M.B. CHANDRASHEKAR, AGED ABOUT 53 YEARS.
6. M.S. PRASANNA KUMAR S/O. LATE SANNAPPAJI GOWDA, AGED ABOUT 48 YEARS.
7. M.S. KRISHNAPPA S/O. LATE SIDDE GOWDA, AGED ABOUT 66 YEARS.
RESPONDENTS NO.3 TO 7 ARE RESIDENTS OF MIRLE VILLAGE, K.R. NAGARA TALUK, MYSORE DISTRICT- 571 603.
8. THE SECRETARY, KARNATAKA APPELLATE TRIBUNAL, M.S. BUILDINGS, DR. AMBEDKAR VEEDI, BENGALURU-560 001.
..RESPONDENTS (BY SRI. BHASKAR K. ADV. FOR C/R-1; SRI. LAXMINARAYAN AGA FOR R-2 SRI. B.M. RAMESHA ADV. FOR R3 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.167/2012 DATED 17.8.2016 VIDE ANNEXURE-A ETC.
IN W.P.NO.53788/2016 *& W.P.Nos.59469-472/2016 BETWEEN:
1. SRI. R. KANTHARAJU S/O. RAMEGOWDA, AGED ABOUT 45 YEARS, PRESIDENT, MILK PRODUCERS COOPERATIVE SOCIETY LIMITED, R/AT MIRLE VILLAGE, K.R. NAGARA TALUK-571 603, MYSORE DISTRICT.
2. SRI. M.N. MANJUNATH S/O. NAGARAJE GOWDA M.P., AGED ABOUT 48 YEARS, DIRECTOR, MILK PRODUCERS COOPERATIVE SOCIETY LIMITED, R/AT MIRLE VILLAGE, K.R. NAGARA TALUK-571 603, MYSORE DISTRICT.
3. SMT. SHAMANTHA W/O. M.B. CHANDRASHEKAR, AGED ABOUT 53 YEARS, DIRECTOR, MILK PRODUCERS COOPERATIVE SOCIETY LIMITED, R/AT MIRLE VILLAGE, K.R. NAGARA TALUK-571 603, MYSORE DISTRICT.
4. SRI. M.S. PRASANNA KUMAR S/O. LATE SIDDE GOWDA, AGED ABOUT 48 YEARS, DIRECTOR, MILK PRODUCERS COOPERATIVE * Inserted vide Court order dated 12.12.2017 SOCIETY LIMITED, R/AT MIRLE VILLAGE, K.R. NAGARA TALUK-571 603, MYSORE DISTRICT.
5. SRI. M.S. KRISHNAPPA S/O. LATE SIDDE GOWDA, AGED ABOUT 66 YEARS, DIRECTOR, MILK PRODUCERS COOPERATIVE SOCIETY LIMITED, R/AT MIRLE VILLAGE, K.R. NAGARA TALUK-571 603 MYSORE DISTRICT.
(BY SMT.MOHAMMAD TAHIR, ADV.) AND:
1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSUR SUB-DIVISION, HUNSUR, MYSORE DISTRICT.
... PETITIONERS 2. MILK PRODUCERS’ CO-OPERATIVE SOCIETY LIMITED, MIRLE VILLAGE, K.R. NAGARA TALUK-571 603, MYSORE DISTRICT, REPRESENTED BY ITS ADMINISTRATOR, SRI. MAHADEVE GOWDA, S/O. SIDDEGOWDA.
3. SRI. M.K. EKALAVYA, S/O. LATE M.P. KEMPEGOWDA, AGED ABOUT 50 YEARS, SECRETARY, MIRLE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, R/AT MIRLE VILLAGE, K.R. NAGARA TALUK-571 603, MYSORE DISTRICT.
..RESPONDENTS (BY SRI. LAXMINARAYAN AGA FOR R-1; SRI. K. BHASKAR ADV. FOR R-3; R2 SERVED) *THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGEMENT DATED 17.8.2016 AT ANNEXURE-C PASSED BY THE HON’BLE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU IN APPEAL NO.167/2012 ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two writ petitions are filed challenging the judgment in Appeal No.167/2012 on the file of the Karnataka Appellate Tribunal, Bengaluru.
W.P.No.53788/2016 and W.P.59469-59472/2016 are filed by respondent Nos.3 to 7 in Dispute No.2/2009-2010. W.P.No.2619/2017 is filed by the second respondent in the very same dispute.
2. The facts leading to filing of W.P.No.53788/2016 and W.P.59469 -59472/2016 writ petitions are as under;
* Corrected vide Court order dated 12.12.2017 The records would indicate that the first respondent was said to be working as secretary of the petitioner-society for a period of six years and on 14.3.2007 the President and 5 directors of the said society passed a resolution in suspending the first respondent from the services of the society on the ground that he has manipulated the records and misappropriated the funds of the society and on various other allegations.
3. It is seen that prior to passing of the resolution dated 14.3.2007, a show cause notice was issued to the first respondent vide Annexure-E and he was called upon to submit his explanation. Without issuing charges and without conducting enquiry, he was placed under suspension by virtue of resolution dated 14.3.2007. No order is passed for providing subsistence allowance to him. The said resolution of the society was the subject matter of dispute in Dispute No.2/2009-10 before the Assistant Registrar of Co-operative Societies, Hunsur, which was dismissed by order dated 30.9.2011, which was the subject matter of appeal before the Karnataka Appellate Tribunal in Appeal No.167/2012.
4. The Tribunal on going through the material on record has noticed that the respondents 3 to 7 who were Presidents and Directors of the society have made several allegations and accusations against the respondents. Annexure-E is with reference to the manner in which he was discharging his duty as secretary in the society. Even charges were not framed against the said officer and he was not subjected to enquiry for nearly 5 years as on the date of the filing of the appeal and no order was passed regarding payment of subsistence allowance. It was also noticed that there was no rules framed by the society while dealing with such a situation. Having found that the accusations are without any basis and the same are at the behest of respondents 3 to 7 in Appeal No.167/2012, the Appellate Tribunal allowed the appeal filed by the first respondent and consequently set aside the same by directing the President and Directors of the society to reinstate the first respondent in the said society in the post of Secretary and to pay back wages for the period from the date of his suspension pursuant to the resolution dated 14.3.2007. It is against this judgment the aforesaid writ petitions are filed; one by the then President and Directors who are not even holding said posts as on the date of filing of W.P. No.53788/2016 & W.P.No.59469-59472/2016. It is seen that when the writ petition was filed they had no locus to challenge the order of the Tribunal in reinstating him in the second respondent–society. Therefore, in that view of the matter, Writ Petition No.53788/2016 & W.P.Nos.59469- 59472/2016 do not survive for consideration and are dismissed as the same have no competence to challenge the same.
5. Now coming to the filing of second writ petition in W.P.No.2619/2017, this court find that the judgment rendered by the Karnataka Appellate Tribunal in Appeal No.167/2012 appears to be just appropriate on the facts of the case as well as the legal position for the reason that the President and Directors of the petitioner-society did not take appropriate steps for issuing show cause notice to the first respondent with reference to the allegations and accusations leveled against him and thereafter no charge sheet was filed and no enquiry was conducted and no opportunity was given to him to substantiate his reply regarding the correctness or otherwise. Except bald accusations made against him, no material is placed either before the Assistant Registrar of Co-operative Societies before whom the dispute was raised or before the Karnataka *Appellate Tribunal where the appeal was pursued by the first respondent. No cogent material is placed to substantiate the order of suspension which is rightly set aside by the Karnataka *Appellate Tribunal by its judgment dated 17.8.2016.
6. In that view of the matter, this court finds no justifiable grounds to interfere with the impugned order.
7. Accordingly, the writ petition is dismissed.
*Corrected vide Court order dated 12.12.2017 8. Further, it is made clear that the order of the Karnataka *Appellate Tribunal shall be implemented within 45 days from today, failing which the respondent-Ekalavya is at liberty to initiate appropriate proceedings for implementation of the said order including initiation of contempt proceedings against the President and Directors of the petitioner – society in W.P.No.2619/2017.
Sd/- JUDGE Msu *Corrected vide Court order dated 12.12.2017