- 1 - NC: 2025:KHC:7209 WP No. 21149 of 2022 C/W WP No. 21040 of 2022 WP No. 21135 of 2022 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 21149 OF 2022 (S-RES) C/W WRIT PETITION NO. 21040 OF 2022 (S-RES) WRIT PETITION NO. 21135 OF 2022 (S-RES) WRIT PETITION NO. 21460 OF 2022 (S-RES) IN WP No. 21149/2022 BETWEEN: SRI. R. CHANDRA NAIK, S/O LATE SRI. RAMA NAIK, AGED ABOUT 67 YEARS, R/AT MIG NO.6, 3RD PHASE HOUSING BOARD, JYOTHI NAGAR, CHIKKAMAGALURU-577 102. …PETITIONER (BY SRI. K.S. GANESHA, ADVOCATE) AND: THE CHIKKAMAGALURU DISTRICT CO-OPERATIVE CENTRAL BANK LTD., R.G. ROAD, CHIKKAMAGALURU-577 101, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7209 WP No. 21149 of 2022 C/W WP No. 21040 of 2022 WP No. 21135 of 2022 AND 1 OTHER (BY SRI. SAILESH S KATAREY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE- B THE ENQUIRY REPORT OF THE ENQUIRY OFFICER DATED. 29.11.2018 AND ETC. IN WP NO. 21040/2022 BETWEEN: SRI. B.M. NATARAJ, S/O. SRI. MARIDEVARU, AGED ABOUT 66 YEARS, R/AT NO.6, 2296, VENKATESHWARA TALKIES ROAD, KADUR-577 548. ...PETITIONER (BY SRI. K.S. GANESHA, ADVOCATE) AND: THE CHIKKAMAGALURU DISTRICT CO-OPERATIVE CENTRAL BANK LTD., R.G. ROAD, CHIKKAMAGALURU-577 101. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. ...RESPONDENT (BY SRI. SAILESH S KATAREY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B THE ENQUIRY REPORT OF THE ENQUIRY OFFICER DATED. 29.11.2018 AND ETC. - 3 - NC: 2025:KHC:7209 WP No. 21149 of 2022 C/W WP No. 21040 of 2022 WP No. 21135 of 2022 AND 1 OTHER IN WP NO. 21135/2022 BETWEEN: SRI. H.B. TUKARAM S/O SRI. BORAIAH, AGED ABOUT 64 YEARS, R/AT MIG 2ND , 165, 3RD PHASE HOUSING BOARD, JYOTHI NAGAR, CHIKKAMAGALURU-577 102. ...PETITIONER (BY SRI. K.S. GANESHA, ADVOCATE) AND: THE CHIKKAMAGALURU DISTRICT CO-OPERATIVE CENTRAL BANK LTD., R.G. ROAD, CHIKKAMAGALURU-577 101. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. ...RESPONDENT (BY SRI. SAILESH S KATAREY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B, THE ENQUIRY REPORT OF THE ENQUIRY OFFICER DATED 14.12.2018 AND ETC. IN WP NO. 21460/2022 BETWEEN: SRI. DEVENDRAPPA N J S/O LATE SRI.N.B. JANARDHAN GOWDA, AGED ABOUT 64 YEARS, R/AT SHIVAMURTHY COMPOUND, - 4 - NC: 2025:KHC:7209 WP No. 21149 of 2022 C/W WP No. 21040 of 2022 WP No. 21135 of 2022 AND 1 OTHER RAMESHWARA NAGARA, NEAR BOLARAMESHWARA TEMPLE, CHIKKAMAGALURU-577 102 ...PETITIONER (BY SRI. K.S. GANESHA, ADVOCATE) AND: THE CHIKKAMAGALURU DISTRICT CO-OPERATIVE CENTRAL BANK LTD., R.G. ROAD, CHIKKAMAGALURU-577 101. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. ...RESPONDENT (BY SRI. SAILESH S KATAREY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B THE ENQUIRY REPORT OF THE ENQUIRY OFFICER DATED. 30.1.2019 AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL COMMON ORDER In all the above petitions, petitioners are retired employees of Respondent/Chikkamagaluru District Co- operative Central Bank Limited (for short 'the Co- - 5 - NC: 2025:KHC:7209 WP No. 21149 of 2022 C/W WP No. 21040 of 2022 WP No. 21135 of 2022 AND 1 OTHER operative Bank'). They are before this Court under Article 226 of the Constitution of India praying to quash the enquiry reports submitted by enquiry officer and also seeking for a direction to release the leave encashment due to them with interest. 2. Sri Sailesh S. Katarey, learned counsel for the respondent raised preliminary objection with regard to maintainability of the petitions as the petitioners are provided remedy under Section 70 of the Karnataka Co- operative Societies Act, 1959. Learned counsel would further submit that it is for the petitioners to raise a dispute before the Registrar to resolve their grievance. 3. Per contra, learned counsel for the petitioners would submit that there is no provision in the Service Rules of the Respondent/Bank to conduct enquiry after the retirement of the petitioners. Therefore, the petitioners are before this Court. - 6 - NC: 2025:KHC:7209 WP No. 21149 of 2022 C/W WP No. 21040 of 2022 WP No. 21135 of 2022 AND 1 OTHER 4. Admittedly the petitioners are employees of respondent/Co-operative Bank. Section 70 of the Karnataka Co-operative Societies Act, 1959, provides for raising a dispute, when dispute arises between the Society and its employees, whether past or present. When the statute provides alternate remedy, normally this Court would not entertain the dispute under Article 226 of the Constitution of India. Moreover, this Court under Article 226 of the Constitution of India would not go into the disputed question of fact. 5. Hence all the writ petitions are disposed of with liberty to the petitioners to raise dispute under Section 70 of the Act. Sd/- (S.G.PANDIT) JUDGE NG List No.: 1 Sl No.: 34 CT:SNN