RAVIKUMAR S/O VENKATESH PATIL v. THE MANAGING DIRECTOR
WP/106518/2025 · 2025-09-09
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37626 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37626 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11630 WP No. 106518 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106518 OF 2025 (S-RES) BETWEEN:
RAVIKUMAR S/O. VENKATESH PATIL, AGE: 51 YEARS, OCC: WAS WORKING AS ASSISTANT MANAGER, KCC BANK, CHIKKERUR BRANCH, TQ: HIREKERUR, DIST: HAVERI, R/O: BASAVESHWAR NAGAR, 3RD CROSS, HIREKERUR – 581 111, DIST HAVERI. …PETITIONER (BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)
AND:
1.
THE MANAGING DIRECTOR, KARNATAKA CENTRAL CO-OPERATIVE BANK LTD., P B NO 21, SUBHASH ROAD, DHARWAD 580001.
2.
THE CHIEF EXECUTIVE OFFICER, KARNATAKA CENTRAL CO-OPERATIVE BANK LTD., P B NO 21 SUBHASH ROAD DHARWAD 580001. …RESPONDENTS (BY SRI. R.H. ANGADI, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH IMPUGNED ORDER NO.ADALITA.YE VA E.103.2025, DT. 23.04.2025 (ANNEXURE-H) AND ETC.
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:11630 WP No. 106518 of 2025
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Sri. R.H.Angadi, learned counsel is directed to accept notice for the Respondents.
2. The Petitioner is before this Court seeking for the following reliefs: I. "Issue a writ of certiorari or any other writ or direction in the nature of writ to quash impugned
order No. ADALITA.YE.VA.E.103.2025 dated 23.04.2025 (Annexure-H).
II. Grant such other or further relief as this Hon’ble Court may deem fit in the circumstances, including costs."
3. The short grievance of the Petitioner is that the punishment of dismissal has been imposed on the Petitioner by Respondent No.2 without providing sufficient opportunity to the Petitioner to participate in the disciplinary proceedings.
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HC-KAR NC: 2025:KHC-D:11630 WP No. 106518 of 2025
4. The same is negated by Sri R.H. Angadi, learned counsel for the Respondents, who submits that notice having been served on the Petitioner and he had entered appearance but did not participate in the proceedings, which is solely on account of the Petitioner, and as such, the Petitioner cannot be allowed to take undue benefit thereof.
5. Having perused the enquiry report, what can be seen is that the Petitioner though had appeared, had not filed his objections or conducted cross-examination. Essentially, the impugned order is an ex parte order without the Petitioner having participated.
6. Now that the petitioner has approached this Court, I am of the considered opinion that the interest of justice would be served by granting permission to the Petitioner to participate in the proceedings by putting the petitioner on terms so that the orders to be passed
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HC-KAR NC: 2025:KHC-D:11630 WP No. 106518 of 2025
by the respondents is on merits rather than ex-parte. As such, I pass the following:
ORDER I. The writ petition is allowed. II. Certiorari is issued, the order dated 23.04.2025 passed by respondent No.2 at Annexure-H, is set aside. III. The matter is remitted to the Enquiry Officer for necessary enquiry. IV. The Petitioner shall submit his objections, if any, on or before 24.09.2025 to the Enquiry Officer without seeking for any adjournments. V. The submission of learned counsel for the Petitioner that the Petitioner shall cross-examine the witness of the Respondents on the date so fixed by the Enquiry Officer, is placed on record. VI. The submission of the learned counsel for the Petitioner is that the Petitioner shall also not take any unnecessary adjournments, is placed on record. VII. Needless to say, if the petitioner were to file his objections and cross-examine the witness of the
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HC-KAR NC: 2025:KHC-D:11630 WP No. 106518 of 2025
respondents, the petitioner could then file his evidence in the matter.
Sd/- (SURAJ GOVINDARAJ) JUDGE
KTY List No.: 1 Sl No.: 13