IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.34398/2018 (CS – RES) BETWEEN:
SRI KALEEM PASHA S/O MOHAMMED AMEER, AGED ABOUT 60 YEARS, PRESENTLY R/AT MILITARY RANGAPPA BUILDING, 6TH CROSS, NEAR INDIRA COLLEGE, UPPARAHALLI, TUMKUR-572 101 ... PETITIONER [BY SRI S.LAKSHMINARAYANA, ADV. FOR SMT.R.RADHA, ADV.] AND:
1. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES, TUMKUR-572 101 2. TIPPU CO-OPEATIVE SOCIETY LTD., REP BY ITS SECRETARY 1ST MAIN, NEW MANDIPET, TUMKUR-572 101 …RESPONDENTS [BY SMT.VAHEEDA, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 23.05.2017 PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AT BANGALORE, IN APPEAL NO.157/2015, PRODUCED UNDER ANNEXURE-A, IN-TURN DISMISS THE ORDER IN SURCHARGE DISPUTE NO.DRT/DIS/01/2013-14.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned High Court Government Pleader accepts notice for respondent No.1.
2. The petitioner has assailed the order passed by the Karnataka Appellate Tribunal at Bengaluru ['KAT’ for short] in Appeal No.157/2015 dated 22.05.2017 whereby the KAT has dismissed the appeal filed by the petitioner, confirming the order passed by the respondent No.1 dated 27.03.2015 in Dispute No.DRT/DIS/01/2013-14.
3. The petitioner was working as a Manager- cum-Secretary with the second respondent – Society. On the proceedings initiated against the petitioner for the alleged misappropriation of funds being proved, he was terminated from the service, which was challenged in dispute bearing No.DIS. No.4/2008-09 and the same came to be allowed, directing the respondent No.2 – Society to reinstate the petitioner with all back wages and other consequential benefits and the same was confirmed by the KAT. Subsequently, the Society had preferred W.P.No.23373/2015 which came to be disposed of, with liberty to the Society to hold an enquiry against the respondent No.2 in accordance with law.
4. It transpires that pursuant to the said order of this Court, domestic enquiry was held appointing the enquiry officer, the charges leveled against the delinquent official/petitioner being proved, after issuing the second show-cause notice to the petitioner, he was dismissed from the service of the respondent No.2 – Society. One of the charges referred to was the misappropriation to the tune of Rs.11,100/- upheld by the Sub-registrar of Co-operative Societies in the dispute raised by the Society. The said order dated 27.03.2015 allowing the dispute was challenged by the petitioner before the KAT.
5. The main ground urged in the appeal proceedings that no recovery proceedings can be initiated during the pendency of the dispute relating to the order of dismissal was negated by the KAT holding that the proceedings initiated by the Society under Section 70 of the Karnataka Co-operative Societies Act, 1959 to recover Rs.11,100/- is all together different from the proceedings initiated by the petitioner under Section 17 in DRT No.1/2018-19 which restricts to the challenge to the order of the dismissal passed by the respondent No.2 on 18.02.2016, seeking a direction to reinstate the petitioner back into the service with full back wages and all other consequential benefits as per law.
6. On perusal of the material on record, it is evident that the dispute raised by the respondent No.2 regarding recovery of Rs.11,000/- is different from the dispute raised by the petitioner regarding the order of dismissal which is pending before Respondent No.1.
Hence, no fault can be found with the finding of the KAT. No other ground is urged by the petitioner in the present writ petition.
Hence, Writ Petition stands dismissed.
Sd/- JUDGE NC.