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High Court of Karnataka · body

2026 DAILYLAW 46250 (KAR)

MR M GOPAL v. STATE OF KARNATAKA

WP/34237/2015 · 2026-01-21

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 34237 OF 2015 (CS-RES) C/W WRIT PETITION NO. 39712 OF 2018 (S-RES) WRIT PETITION NO. 54158 OF 2018 (S-RES) IN WP NO. 34237/2015 BETWEEN: 1. MR M GOPAL S/O MUNISHAMAPPA AGED 50 YEARS JUNIOR ASSISTANT AND IN CHARGE MANAGER KOLAR AND CHIKKABALLAPURA DCC BANK LIMITED GOWRIBIDANUR BRANCH RAILWAY STATION ROAD GOWRIBIDANUR-561208 CHIKKABALLAPUR DISTRICT. 2. MR. C. YESUDAS S/O LATE CHINNAPPAN AGED ABOUT 51 YEARS JUNIOR ASSISTANT AND CASHIER KOLAR AND CHIKKABALLAPURA DCC BANK LIMITED, BANGARAPET BRANCH TAPCMS BUILDING, OPP:TALUK OFFICE, Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 KGF MAIN ROAD, BANGARPET-563114 KOLAR DISTRICT. 3. MR N SUVARNA MURTHY S/O N NARSIMHAIAH AGED ABOUT 43 YEARS SENIOR ASSISTANT AND IN-CHARGE MANAGER KOLAR AND CHIKKABALLAPURA DCC BANK LIMITED SRINIVASAPURA BRANCH J C ROAD, TAPCMS BUILDING SARINIVASAPURA -563135 KOLAR DISTRICT. 4. MR. SYED KHALEELULLA HUSSAINI S/O SYED AMEERULLA HUSSAINI AGED ABOUT 42 YEARS PEON KOLAR AND CHIKKABALLAPURA DCC BANK LIMITED KOLAR BRANCH, DCC BANK ROAD KOLAR -563101. …PETITIONERS (BY SRI. NISHANTH A V., ADVOCATE) AND: 1. STATE OF KARNATAKA SECRETARY TO GOVERNMENT CO-OPERATION DEPARTMENT BENGALURU-560 001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASGAR ROAD BENGALURU-560 052 REP. BY ITS REGISTRAR. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASGAR ROAD - 3 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 BENGALURU-560 052 4. KOLAR AND CHIKKABALLAPUR DISTRICT CENTRAL CO-OPERATIVE BANK DCC BANK ROAD KOLAR-563101 REP. BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY REPORT OF THE R-3 ICOP/V.REPORT/2013-14 DATED: 14.02.2014 VIDE ANNEXURE-F AND ETC. IN WP NO. 39712/2018 BETWEEN: 1. MR. KALEEMULLA S/O MIRMOHAMMED AMANULLA SHARIFF AGED ABOUT 50 YEARS R/AT NO.623/1, AMAWARPET CIRCLE, BAMBU BAZAR, TIPPU SULTAN ROAD, KOLAR TALUK, KOLAR-563101. 2. MR BYRE GOWDA N S/O M NACHAPPA AGED ABOUT 56 YEARS R/AT NO.3173, 4TH MAIN 4TH CROSS, P.C.LAYOUT KOLAR TALUK, KOLAR-563101. 3. MR M R SHIVAKUMAR S/O B N RAMEGOWDA AGED ABOUT 49 YEARS R/AT MUDDARI VILLAGE MUDDARI POST, KOLAR TALUK KOLAR DISTRICT-563102. - 4 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 4. MR CHOWDAPPA M S/O MARIYAPPA AGED ABOUT 51 YEARS R/AT PUNYAHALLI VILLAGE HEBBAHALLI POST MULABHAGILLU TALUK, KOLAR 563131. 5. MR HUSSAIN SAB M DODDAMANI S/O MUKABULLASA U DODDAMANI AGED ABOUT 48 YEARS R/AT DAMBALA, MUNDARAGI TALUK DAMBALA, DHARWAD-582113. 6. MRS SHASHI REKHA R W/O N MOHAN AGED ABOUT 45 YEARS R/AT NO.422/4016 NEAR ROYAL CONVENT CIRCLE ANJANI LAYOUT WEST CHINTHAMANI TALUK CHIKKABALLAPURA DISTRICT-563125. 7. MR RAMACHANDRAN A S/O R ANKAPPA AGED ABOUT 57 YEARS R/AT NO.368, 1ST CROSS KURUBARAPET, KOLAR-563101. 8. MRS SUGUNA D S/O UMESH KUMAR AGED ABOUT 46 YEARS R/AT INDRANAGAR CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-562101. 9. MR ARUN K S S/O K S SRINIVASAIAH AGED ABOUT 53 YEARS R/A THERAHALLI ROAD MAHALAKSHMI LAYOUT KOLAR-563101. - 5 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 10. MRS RADHA N W/O M H MANJUNATH AGED ABOUT 45 YEARS R/AT NO.94, KOSTHABA NILAYA EMPLOYMENT OFFICE ROAD 3RD CROSS, 2ND MAIN ROAD MUNICIPAL LAYOUT CHIKKABALLAPURA TALUK CHIKKABALLAPURA -562101. 11. MR CHANDRASHEKAR REDDY Y S S/O Y SHIVAREDDY AGED ABOUT 54 YEARS R/AT NEAR NEW ORIGIN BRANCH 77TH WARD, BAGEPALLI TALUK CHIKKABALLAPURA -562101. 12. MR VENKATAMUNIYAPPA M S/O MUNISHYAMAPPA AGED ABOUT 49 YEARS R/AT MALLAKACHANAHALLI MULABHAGILU TALUK, KOLAR -563131. 13. MR BALAJI S/O SHANKARAPPA AGED ABOUT 52 YEARS R/AT BILDING, NEAR KGN HIGH SCHOOL CHINTHAMANI, KOLAR-563125. 14. MR ELONGOVAN B S/O BHASKARAN AGED ABOUT 51 YEARS R/AT NO.107, KRISHNANARANI NILAYAM AMBEDKAR NAGAR URIGAM POST, K.G.F-563113. 15. MR SHAMIULLA H P S/O PIRUSHAB H K AGED ABOUT 47 YEARS R/AT NO.231, 5TH CROSS - 6 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 1ST FLOOR, GOWRIPET KOLAR TALUK, KOLAR 563101. 16. MR NAGESH K S/O KODANDARAMAN K S AGED ABOUT 51 YEARS R/AT GONAMAKANAHALLI ANDERSENPET POST, KGF-563113. 17. MR RAMANATH REDDY S S/O K MUNIVENKATA REDDY AGED ABOUT 56 YEARS R/AT MAKARAHALLI, MAGONDI POST BANGARAPET TALUK, KOLAR 563114. 18. MR LINGARAJU R S/O RACHAIAH AGED ABOUT 52 YEARS R/AT MUGURU VILLAGE MUGURU POST, T NARASIPURA TALUK MYSURU 571124. 19. MR DASHARATHAN C S/O CHINNASWAMY AGED ABOUT 51 YEARS R/AT NO.70, 3RD LINE URIGAM POST, KGF-563120. 20. MR MANJUNATH T R S/O RAMAPPA AGED ABOUT 43 YEARS R/AT NO.143, SAMRUDHI NILAYA 2ND STAGE , MARUTHI LAYOUT MALUR TALUK, KOLAR DISTRICT-563130 ...PETITIONERS (BY SRI. NISHANTH A V., ADVOCATE) AND: 1. STATE OF KARNATAKA SECRETARY TO GOVERNMENT - 7 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 CO-OPERATION DEPARTMENT BANGALORE-560001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1 ALI ASKAR ROAD BANGALORE-560052 REP. BY REGISTRAR. 3. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES NO.1 ALI ASKAR ROAD BANGALORE-560052. 4. KOLAR AND CHIKKABALLAPUR DISTRICT CENTRAL CO-OPERATIVE BANK DCC BANK ROAD, KOLAR-563101 REP. BY ITS CHIEF EXECUTIVE OFFICER ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R3: SRI K S KALLESHAPPA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY REPORT OF THE R-3 DATED:14.2.2014 VIDE ANNEXURE-F TO QUASH THE ORDER DATED:13.6.2014 VIDE ANNEXURE-G AND ETC. IN WP NO. 54158/2018 BETWEEN: SMT M SUJATHA W/O MUNIRAJU AGED ABOUT 50 YEARS R/AT: 1ST MAIN, DHARMARAYA NAGAR MICRO WAVE STATION BEHIND DHARMARAYANAGAR KOLAR-563102. ...PETITIONER (BY SRI. NISHANTH A V., ADVOCATE) - 8 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 AND: 1. STATE OF KARNATAKA SECRETARY TO GOVERNMENT CO-OPERATION DEPARTMENT BENGALURU-560001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU-560052 REP. BY REGISTRAR. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU-560052. 4. KOLAR AND CHIKKABALLAPUR DISTRICT CENTRAL CO-OPERATIVE BANK DCC BANK ROAD, KOLAR-563101 REP. BY ITS CHIEF EXECUTIVE OFFICER. ...RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP FOR R1 TO R3: SRI K S KALLESHAPA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY REPORT OF THE R-3 DATED:14.2.2014 BEARING NO:ICDP/V.VARADI/2013-14 VIDE ANNEXURE-F AND QUASH THE ORDER DATED:13.6.2014 BEARING NO: CO.115.CCB 2012 VIDE ANNEXURE-G 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 H.T. NARENDRA PRASAD - 9 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: In WP No.34237/2015: “a) Issue a writ in the nature of certiorari or any writ quashing the enquiry report of the 3rd respondent No.ICOP/V.Report/2013-14 dated 14.02.2014 vide Annexure-F. (b) Issue a writ in the nature of certiorari or any writ quashing the order dated 13-06-2014 passed by the 1st respondent in No.CO115 CCB-2012 vide Annexure-G. (c) Issue a writ in the nature of certiorari or any other dated writ quashing the direction dated 17.06.2014 issued by the 2nd respondent in No.RCS/CRD/KMC:1:63/2008-09 vide Annexure-H. (d) Issue a writ in the nature of certiorari or any other writ setting aside the order dated 29-07-2015 by the 4th respondent in No.Aa&C/2158-2188/2015-16 against the 1st petitioner vide Annexure-K. (e) Issue a writ in the nature of certiorari or any other writ setting aside the order dated 29-07-2015 by the - 10 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 4th respondent in No.Aa&C/2096-2126/2015-16 against the 2nd petitioner vide Annexure-K1. (f) Issue a writ in the nature of certiorari or any other writ setting aside the order dated 29-07-2015 by the 4th respondent in No.Aa&C/2127-2157/2015-16 against the 3rd petitioner vide Annexure-K2. (g) Issue a writ in the nature of certiorari or any other writ setting aside the order dated 29-07-2015 by the 4th respondent in No.Aa&C/2189-2217/2015-16 against the 4th petitioner vide Annexure-K3.” In W.P.No.39712/2018 “a) Issue a writ in the nature of Certiorari or any other writ quashing the Enquiry Report of the 3rd Respondent dated 14-02-2014 bearing No.ICDP/V.Varadi/2013-14 vide Annexure-F; b) Issue a writ in the nature of Certiorari or any other writ quashing the order dated 13-06-2014 bearing No.CO.115.CCB. 2012 vide Annexure-G; c) Issue a writ in the nature of Certiorari or any other writ quashing the direction dated 17-06-2014 bearing No.RCS/CSRD/KMC:1:63:2008-09 vide Annexure-H; d) Issue a writ in the nature of Certiorari or any other writ quashing the order dated 31.08.2018 bearing no. A & C/7502-24/2018-19 removing the Petitioner No. 1 - 11 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L; e) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7410-32/2018-19 removing the Petitioner No. 2 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L1. f) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7456-78/2018-19 removing the Petitioner No. 3 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L2. g) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7479-501/2018-19 removing the Petitioner No. 4 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L3. h) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7571-93/2018-19 removing the Petitioner No. 5 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L4. i) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7663-85/2018-19 removing the Petitioner No. 6 from - 12 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-LS. J) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7640-62/2018-19 removing the Petitioner No. 7 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L6. k) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7847-69/2018-19 removing the Petitioner No. 8 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L7. l) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7433-55/2018-19 removing the Petitioner No. 9 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L8. m) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7824-46/2018-19 removing the Petitioner No. 10 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L9. n) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7801-23/2018-19 removing the Petitioner No. 11 - 13 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L10. q) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7778-800/2018-19 removing the Petitioner No. 12 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L11. r) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7755-77/2018-19 removing the Petitioner No. 13 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L12. s) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7732-54/2018-19 removing the Petitioner No. 14 from the services of the 4th Respondent Bank on 31.08.2018 is produced herewith as Annexure-L13. t) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7709-31/2018-19 removing the Petitioner No. 15 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L14. u) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7686-708/2018-19 removing the Petitioner No. 16 - 14 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L15. v) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7525-47/2018-19 removing the Petitioner No. 17 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L16. w) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7870-90/2018-19 removing the Petitioner No. 18 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L17. x) Issue a writ in the nature of Certiorari or any other writ quashing An order dated 31.08.2018 bearing no. A & C/7617-39/2018-19 removing the Petitioner No. 19 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L18. y) Issue a writ in the nature of Certiorari or any other writ quashing order dated 31.08.2018 bearing no. A & C/7594-616/2018-19 removing the Petitioner No. 20 from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure-L19. z) Grant such other order/s, relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.” In W.P.No.54158/2018 - 15 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 “a) Issue a writ in the nature of Certiorari or any other writ quashing the Enquiry Report of the 3rd Respondent dated 14-02-2014 bearing No.ICDP/V.Varadi/2013-14 vide Annexure-F; b) Issue a writ in the nature of Certiorari or any other writ quashing the order dated 13-06-2014 bearing No.CO.115.CCB. 2012 vide Annexure-G; c) Issue a writ in the nature of Certiorari or any other writ quashing the direction dated 17-06-2014 bearing No.RCS/CRD/KMC:1:63:2008-09 vide Annexure-H; d) Issue a writ in the nature of Certiorari or any other writ quashing the order dated 31.08.2018 bearing no. A & C/7548-70/2018-19 removing the Petitioner from the services of the 4th Respondent Bank on 31.08.2018 vide Annexure - K; e) Grant such other order/s, relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.” 2. The petitioners are employees of respondent No. 4 – Bank. They have called in question the dismissal order passed by respondent No. 4 – Bank. 3. At the outset, learned counsel appearing for the respondents submitted that the petitioners have an - 16 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 alternate and efficacious remedy under the Karnataka Co- operative Societies Act, 1959 (for short, ‘the Act’).. 4. Learned counsel appearing for the petitioners submitted that the writ petitions are of the year 2015 and 2018 and that, after a lapse of 10 years, the petitions cannot be dismissed on the ground of alternative remedy, especially when the matters are posted for hearing. It was further submitted that the respondents cannot, at this stage, raise the ground of alternative remedy. 5. This Court, on 24.08.2015, while directing to post the matter posted for Preliminary Hearing ‘B’ Group, kept open the issue of maintainability on the ground of alternate and efficacious remedy. The relevant portion of the order is extracted below: “It is also made clear that the issue regarding maintainability of the writ petition on the ground that the petitioners have an alternate and efficacious remedy available under Section 70 of the Karnataka Co-operative Societies Act, 1959 is kept open.” - 17 - HC-KAR NC: 2026:KHC:3460 WP No. 34237 of 2015 C/W WP No. 39712 of 2018 WP No. 54158 of 2018 6. In view of the above, since the petitioners have an alternate and efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, these writ petitions stand disposed of, reserving liberty to the petitioners to approach the appropriate legal forum. If the petitioners approach the appropriate authority within three months from today, the competent authority is directed to consider the case of the petitioners on merits, without going into the question of limitation. The interim order granted by this Court shall continue till the disposal of the appeal, if any, to be filed by the petitioner within three months from today. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 63