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2026 DAILYLAW 21678 (KAR)

THE CHIEF EXECUTIVE OFFICER v. THE STATE OF KARNATAKA

WP/11088/2025 · 2026-06-12

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28602 WP No. 11088 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 11088 OF 2025 (CS-RES) BETWEEN: 1. THE CHIEF EXECUTIVE OFFICER VIRUPASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VIRUPASANDRA HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 138 SHEKAR N, S/O NINGARAJU AGED ABOUT 40 YEARS SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. 2. THE PRESIDENT VIRUPASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VIRUPASANDRA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 138 RAJU V.M, S/O LATE MULLAIAH AGED ABOUT 47 YEARS. …PETITIONERS (BY SRI. JAI PRAKASH REDDY M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES REPRESENTED BY ITS SECRETARY Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28602 WP No. 11088 of 2025 M.S. BUILDING, BANGALORE - 560 001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.4222, MUNICIPAL LAYOUT, 3RD CROSS, WARD NO.12, RAMANAGARA - 562 159 RAMANAGARA DISTRICT. 3. SRI. V.T. SHIVANNA S/O LATE THAMMANNA GOWDA AGED ABOUT 58 YEARS SUSPENDED CHIEF EXECUTIVE OFFICER VIRUPASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VIRUPASANDRA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 138. …RESPONDENTS (BY SMT. SPOORTHI V, AGA FOR R1 AND R2; SRI. R. SHIVCHARAN, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03/03/2025 IN NO. SA NI. RA- 46/DHAVE/08/2023-24 PASSED BY THE R2 VIDE ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:28602 WP No. 11088 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Respondent No.3 is an employee of the petitioner – Society. Upon initiation of disciplinary proceedings against him, respondent No.3 raised a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959. Respondent No.2 granted an interim order in favour of respondent No.3. Aggrieved by the same, the present writ petition is filed with the following prayers: "a) Issue a Writ in the nature of certiorari or any other appropriate Writ, order or direction quashing the order dated 03-03-2025 in No.SA Ni Ra- 46/Dhave/08/2023-24 passed by the respondent No.2 vide Annexure-G. b) Issue a writ of mandamus directing the respondent No.2 to consider the letter dated 29-02-2024 in No. nil submitted by the petitioner No.2 to respondent No.2 vide Annexure-C and appoint enquiry officer to make inquiry on the allegations made against the respondent No.3. - 4 - HC-KAR NC: 2026:KHC:28602 WP No. 11088 of 2025 c) Pass any such other appropriate Writ, order or direction that seems fit under the circumstances explained above." 2. On 28.04.2025, this Court passed the following interim order: "1. Sri R Shivacharan, learned counsel submits that he has filed Vakalathnama for respondent No.3 and a dispute is pending under Section 71(3) before the Assistant Registrar of Co-operative Societies. 2. Submission of the learned counsel for the petitioner is that respondent No.3 is not discharging any function with petitioner No.1 is placed on record. 3. The said status shall continue until the disposal of the proceeding by the Assistant Registrar of Co-operative Societies. 4. The Assistant Registrar of Co-operative Societies is directed to dispose of the pending dispute as expeditiously as possible. 5. Re-list on 19.06.2025." - 5 - HC-KAR NC: 2026:KHC:28602 WP No. 11088 of 2025 3. It is submitted by both the learned counsel appearing for the petitioners as well as the learned counsel appearing for respondent No.3 that the inquiry initiated against respondent No.3 has been completed by the Inquiry Officer appointed by the petitioner - Society and that certain recommendations have been made by him. A decision is yet to be taken by the petitioner - Society in this regard. 4. In respect of the proceedings before respondent No.2, which pertains to the suspension order passed against respondent No.3, it is submitted that the same is still pending. 5. However, the learned counsel appearing for the petitioners fairly submits that the petitioners are having an alternative and efficacious remedy before the Karnataka Appellate Authority under Section 107 of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). - 6 - HC-KAR NC: 2026:KHC:28602 WP No. 11088 of 2025 6. Under the said circumstances, the Writ Petition is hereby dismissed, reserving liberty to the petitioners to file a revision before the Tribunal as contemplated under Section 107 of the Act. 7. If such a revision is filed, the petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, 1963. 8. The interim order granted by this Court shall continue for a further period of four (04) weeks from today. If any action is initiated by the petitioner - Society against respondent No.3 in pursuance of the completion of the inquiry against him, it is needless to state that respondent No.3 is entitled to challenge the same in the manner known to law. 9. It is hereby made clear that no opinion has been expressed on the merits of the case and in the event of the petitioners preferring a revision before the Tribunal, the same shall be decided in the manner known to law, - 7 - HC-KAR NC: 2026:KHC:28602 WP No. 11088 of 2025 without being influenced by any of the observations made herein above. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 37