THALIHALLA PRIMERY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY Vs. CONVENER COMMON CADRE AUTHORITY & MANAGING DIRECTOR, D C C BANK LTD AND ORS

JUDGEMENT

(1.) Learned High Court Government Pleader is directed to take notice for respondent Nos.3 and 4 in W.P.No.27736/2012 and respondent Nos.5 and 6 in W.P.No.17640/2012.

(2.) W.P.No.27736/2012 is by the Primary Agricultural Credit Co-operative Society questioning the order passed in dispute No.JRM/D1/DDS/476/2005-06, dated 23.03.2010, produced at Annexure-H passed by respondent No.3 and order passed by the Appellate Tribunal in Appeal No.268/2010, dated 30.03.2012 produced at Annexure-K.

(3.) Respondent No.2 was working as a secretary in the petitioner-Co-operative Society from 22.12.1977. During the year 2000, an inspection was conducted by respondent No.3, respondent No.3 noticed certain irregularities in the affairs of the petitioner-Co-operative Society, accordingly, enquiry was conducted under Section 65 of the Karnataka Co-operative Societies Act 1959 (for short 'the Act'). From the enquiry, it was revealed that, an amount of Rs.9,35,512/- was misappropriated by respondent No.2, while he was working as a secretary. Having noticed the same, the petitioner-Cooperative Society passed an order of suspension dated 29.11.2001 and also initiated enquiry against the respondent No.2 interalia alleging that he had misappropriated an amount of Rs.8,60,758.88/- of the petitioner-Co-operative Society between 01.04.2000 and 31.10.2001. Accordingly, show-cause notice came to be issued as per Annexure-B alleging that respondent No.2 has misappropriated the amount of Rs.8,60,758.88/- at different intervals. In response to the same, respondent No.2 gave a reply to the show-cause notice, alleging that he had deposited the alleged amount stated to have been misappropriated.