- 1 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 29686 OF 2025 (S-RES) BETWEEN: SMT ANITHA R SHETTY W/O. K. RAVINDRA SHETTY, AGED ABOUT 50 YEARS, GARADI HOUSE, KALLABETTU VILLAGE AND POST-574 197, MOODABIDRI TALUK, DAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR) SRI. VEERESH MAHESH UPPIN., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MANGALORE SUB-DIVISION, D.K. DISTRICT CENTRAL CO-OPERATIVE BANK BUILDING, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 K.S. RAO ROAD, KODIYALBAIL, MANGALORE-575 003. 2. THE ADMINISTRATIVE OFFICER KALLABETTU SEVA SAHAKARI SANGHA NIYAMITA KALLABETTU AND THE DEVELOPMENT OFFICER, OFFICE OF DEPUTY DIRECTORS OFFICE, MANGALORE-574 197, D.K. DISTRICT. …RESPONDENTS (BY SMT. SUKANYA BALIGA B, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA IS FILED PRAYING TO SET ASIDE THE ORDER DTD. 23.09.2025 BEARING NO. AR 36- 2/22/AR36 PGS/2/2-25-26 PASSED BY THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETY (ANNX-H) IN SO FAR AS PETITIONER IS CONCERNED. SET ASIDE THE LETTER/REFERENCE DTD. 23.09.2025 BEARING NO.AR 36/S 2/32/PJC-2-2025-26 PASSED BY THE R-1 (ANNX-J). DIRECT THE R-2 TO CONSIDER THE REPLY GIVEN BY THE PETITIONER DTD. 23.09.2025 (ANNX-G) IN ACCORDANCE WITH LAW.ALLOW THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this writ petition challenging the order dated 23.09.2025 passed by the Assistant Registrar of Co-operative Societies, vide Annexures "H" and the communication dated 23.09.2025 passed by respondent No.2. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner was the member of respondent No.2 Society and was working as a Chief Executive Officer in the said Society. During the course of service, one Sri.Alwyn S.Menanzes filed a complaint against the petitioner, making false and baseless allegations, due to which, respondent No.1 issued a show-cause notice to the petitioner. Respondent No.1, even before the expiry of the time fixed under the show- cause notice, has passed an order of suspension and - 4 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 subsequently, passed an order of dismissal from service. 4. It is contented that the impugned orders passed by respondent Nos.1 and 2 are in violation of principles of natural justice. It is also contented that no enquiry was held before passing the impugned orders. Hence, on these grounds, prays to allow the writ petition. 5. The respondents despite grant of sufficient opportunity, have not filed the statement of objections. 6. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents. 7. The learned counsel for the petitioner submits that no enquiry was held by respondent Nos.1 and 2 before passing the impugned orders. He submits that the impugned orders passed by respondent Nos.1 - 5 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 and 2 are in violation of the principles of natural justice. Hence on these grounds, He prays to allow the writ petition. 8. Per contra, learned Additional Government Advocate supports the impugned orders and prays to dismiss the writ petition. 9. Perused the records and considered the submissions of the learned counsel for the parties. 10. It is undisputed that the petitioner was working as a Chief Executive Officer in respondent No.2 Society. Based on a complaint submitted by Sri.Alwyn S.Menanzes against the petitioner, respondent No.1 issued a show cause notice dated 24.07.2025 to the petitioner. The petitioner replied to the show cause notice. But, before the expiry of the time mentioned in the show-cause notice, respondent No.1 passed an order dated 23.09.2025 vide Annexure "H". Further, respondent No.2 has also passed an order vide - 6 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 Annexure "K" dated 29.03.2025 during the pendency of this petition. 11. From the perusal of the records produced by the petitioner, it is clear that no article of charges was issued and inquiry was not conducted by respondent No.1 before passing the impugned order dated 23.09.2025 vide Annexure 'H'. Without conducting an inquiry, respondent No.2 has proceeded to pass the impugned order dated 23.09.2025 vide Annexure 'K'. 12. As such, the impugned orders passed by the respondents are contrary to the exposition of law laid down by the Apex Court in the case of Maneka Gandhi vs. Union of India, reported in AIR 1978 SC 597, wherein the Apex Court held that the substantive and procedural laws and actions taken under them will have to pass the test imposed by Article 14 of the Constitution. The tests of reason and justice cannot be abstract. They cannot be divorced from the needs of the nation. The tests have to be - 7 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 pragmatic otherwise they would cease to be reasonable. The procedure prescribed by law has to be fair, just and reasonable, even though there is no specific provision to be taken against an individual which affects the rights of the individual, the duty to give a reasonable opportunity to be heard will be implied from the nature of the function to be performed by the authority. 13. It is conclusively held by the Hon'ble Supreme Court that the principles of natural justice are part of Article 14 of the Constitution of India, and the procedure prescribed by the law must be just, fair, and reasonable. The power to terminate the services of the petitioner involves a civil consequence, and therefore the procedure contemplated ought to have been followed. The nature and extent of adhering to the principles of natural justice depends upon the facts and circumstances of each case. But, at the same time, it is also well accepted that the principles - 8 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 of natural justice can be read into the provisions unless the applicability of such principles of natural justice is expressly or impliedly excluded. 14. As observed above, respondent Nos.1 and 2 have not issued any articles of charges and no inquiry was held before passing the impugned orders, vide Annexures "H" and "K". Thus, the impugned orders are in violation of the principles of natural justice. Hence, on these grounds, the impugned orders are liable to be set aside. 15. In view of the above discussion, I proceed to pass the following order: ORDER (I) The writ petition is allowed. (II) The impugned orders both dated 23.09.2025 vide Annexures "H" and "K" passed by respondent Nos.1 and 2 are set aside. (III) The respondents are directed to reinstate the petitioner into service - 9 - HC-KAR NC: 2025:KHC:41386 WP No. 29686 of 2025 with continuity of service and with all consequential benefits. (IV) It is open to respondent No.2 to take appropriate action against the petitioner by following the due procedure of law. (V) In view of the disposal of the writ petition, pending interlocutory applications stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 4