A NARASIMHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT Appeal 4220/2000 is filed by the petitioners in Writ Petition No. 32774/1996 and Writ Appeal No. 7653/1999 is filed by the State Government and other officials, who were respondents in Writ Petition No. 19578/1997. In both the Writ Petitions, the Petitioners are Directors of Bangalore District and Rural District Central Co-operative Bank Limited (hereinafter referred to as 'bank' ).

(2.) IN Writ Petition No. 32774/1996 the prayer is to restrain the respondents from taking any adverse action against the petitioners pursuant to the communications dated 8-11-1996 and 11-11-1996 (Annexures - 'c' and 'd' ). Annexure - 'c' is a letter addressed by the then Union Minister of Textiles addressed to the then Chief Minister pointing out serious financial improprieties committed in sanctioning the loans by the Bank under the Chairmanship of the 1st petitioner and requesting the Chief Minister to direct a probe into the entire matter and also to provide him with certain information. Annexure - 'd' is a communication addressed by the Registrar of Co-operative Society (2nd respondent) to the Managing Director of the DCC Bank. In that letter the Registrar observed that the inspection of the Bank revealed that the loans were given to Housing and Credit Societies without adequate and proper security and that the Management had shown total lack of prudence and acted negligently while handling precious money of the depositors. The Registrar then observed that the Committee of Management was guilty of 'criminal breach of trust and negligence'. The Managing Director was directed to examine each case of loan sanctioned wherever it was overdue and to take necessary action to prosecute the erring member of the Committee. The learned single Judge dismissed the writ petition holding that the persons who addressed the letters were within their rights to make the complaints and to request/direct a probe into the matter. It was observed:

(3.) WE do not find any error of law in the impugned judgment. The relief sought for is somewhat extraordinary. The communications - Annexure - 'c' and 'd' are meant to bring to the notice of the appropriate authorities certain aspects relating to the functioning of the Co-operative Societies so as to facilitate a further probe/enquiry into the matter. One such letter is written by a public representative in the position of a Minister and another is an inter-departmental communication. The writ petitioners have no cause of action to complain against such letters being addressed by responsible persons in office. The approach adopted by the learned single Judge cannot be legally faulted. Hence, Writ Appeal is dismissed with costs of Rs. 2000/ -.