Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18055 WP No. 5577 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5577 OF 2025 (CS-RES) BETWEEN:
UMESH H.M.
S/O MAHADEVAPPA, AGE 47 YEARS, R/O HADYA VILLAGE, HULLAHALLI HOBLI, NANJANAGUDU TALUK, MYSURU DISTRICT - 571 315. …PETITIONER (BY SRI. SANDESH T.B, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, AMBEDKAR VEEDHI, BENGALURU, REPRESENTED BY ITS PRINCIPLE SECRETARY.
2.
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MYSURU SUB-DIVISION, PUBLIC OFFICE BUILDING, NEW SAYYAJI RAO ROAD, MYSURU - 570 024.
3.
HADYA MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD., HADYA VILLAGE, HULLAHALLI HOBLI, MYSURU TALUK, MYSURU DISTRICT - 571 315, REPRESENTED BY ITS PRESIDENT. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2;
SRI. C.M. JAGADEESH, ADVOCATE FOR R3)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:18055 WP No. 5577 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE DIRECTION NOTICE BEARING NO. SANI-41/C- 9/C1/DU.A/HADYA MPCS/2024-25 PASSED BY THE R-2 VIDE ANNX-B AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: (a) Issue writ in the nature of certiorari set-aside the Direction notice bearing No.SaNi-41/C- 9/C1/Du.A/HadyaMPCS/2024-25 passed by the respondent No.2 vide Annexure-B. (b) Issue a writ in a nature of certiorari set-aside the reliving order dated 19.02.2025 passed by the respondent No.3 vide Annexure-C. (c) Such other writ or order as direction as deemed fit as circumstances of the case including an
order for Costs.
2. The grievance of the petitioner is that the impugned
order has been passed removing the petitioner from service as CEO without conducting a proper enquiry.
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NC: 2025:KHC:18055 WP No. 5577 of 2025
3. Learned counsel for Respondent No.3 fairly concedes that no enquiry has been conducted.
4. Liberty is reserved to the respondents to conduct the enquiry and to take necessary action, in terms of Annexure-E.
5. In that view of the matter, I pass the following:
ORDER i) The writ petition is partly allowed. ii) The
order dated 19.02.2025 passed by Respondent No.3 at Annexure-C is quashed. iii) Liberty is reserved to Respondent No.3 to take action, in accordance with law by holding a due enquiry, in furtherance of the Direction Notice issued by Respondent No.2 at Annexure-B. SD/- (SURAJ GOVINDARAJ) JUDGE
DH List No.: 2 Sl No.: 13, CT: BHK