IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.2097/2019 (GM-KSR) BETWEEN:
UDAY VIDYA KENDRA, A REGISTERED SOCIETY, HAVING ITS REGISTERED OFFICE AT NO.3, 3RD A CROSS, BHUVANESHWARI NAGAR, SULTAN PALYA, RT NAGAR POST, BANGALORE – 560 032. REPRESENTED BY ITS SECRETARY, SMT.KAMALA BAI SARVESH.
(BY SRI. M.T.NANAIAH, SR. ADVOCATE A/W SMT.RESHMA THAMMAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, ... PETITIONER DEPARTMENT OF CO-OPERATIVE SOCIETIES, M.S.BUILDING, BANGALORE – 560 001.
2. DISTRICT REGISTRAR, DEPARTMENT OF COOPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE – 560 001.
3. SENIOR INSEPCTOR/ ENQUIRY OFFICER, DEPARTMENT OF COOPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE – 560 001.
... RESPONDENTS (BY SRI.A.S.PONNANNA, ADDL. ADVOCATE GENERAL – I A/W SMT.H.C.KAVITHA, LEARNED HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY DATED 07.11.2018 INITIATED BY R-2 DATED 07.11.2018 VIDE ANNEXURE – C AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.M.T. Nanaiah, learned Senior Counsel along with Smt. Rashmi Thammaiah, learned counsel for the petitioner.
Sri.A.S.Ponnanna,learned Additional Government Advocate – I along with Smt. H.C.Kavitha, learned HCGP for the respondents.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 07.11.2018, by which the District Registrar of Co-operative Societies has appointed an Enquiry Officer.
3. Learned counsel for the petitioner submitted that the petitioner is a Society which is run by seven family members. It is further submitted that by an order dated 04.05.2018, Administrator was appointed and the appointment of the aforesaid Administrator was stayed by a Bench of this Court by an order dated 10.05.2018 in W.P.Nos.20332/2018 & 20371/2018. It is also stated that notwithstanding the fact that the first enquiry was pending, by an order dated 07.11.2018, District Registrar of Co- operative Societies has appointed an Enquiry Officer.
It is submitted that the action of the second respondent in proceeding ahead for appointment of an Enquiry Officer is per se arbitrary.
4. On the other hand, learned Additional Government Advocate –I submits that in pursuance to the order dated 07.11.2018, the Enquiry Officer has assisted the Society and has completed the enquiry and submitted the enquiry report on 08.01.2019. On the basis of the aforesaid enquiry report, notice has been given to the petitioner and petitioner has also replied to the aforesaid notice.
5. I have considered the submissions made by the learned counsel for the parties.
6. Petitioner has assailed the validity of the order dated 07.11.2018, by which Enquiry Officer was appointed and has concluded the enquiry and submitted the report on 08.01.2019. Therefore, in view of the aforesaid subsequent events, I deem it appropriate to dispose of the petition with a direction to the District Registrar of Co-operative Societies to consider the reply which has been filed by the petitioner and to decide the objections with regard to the validity of the enquiry by a speaking order in accordance with law within a period of six weeks from the date of receipt of certified copy of the order passed today, before proceeding further in the matter.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE VMB