BIJAPUR AND BAGALKOT DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD Vs. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) This intra-court appeal is filed under Sec. 4 of the Karnataka High Court Act, 1961, challenging the order dtd. 28/1/2016 passed by the learned Single Judge in W.P.No.204632/2015.

(2.) Parties are referred to as per their ranking before the writ Court. The appellant is the petitioner and the respondents are the respondents before the writ Court.

(3.) Brief facts of the case leading rise to filing of this writ appeal are as follows: The second respondent who was appointed as Extension Officer in Karnataka Milk Federation taking undue advantage of the position has committed several acts of financial irregularities, misappropriation of funds, misuse of office seal etc. Chargesheet was issued to the second respondent. A domestic enquiry was held. The Enquiry Officer submitted a report stating that the charges levelled against the second respondent are proved and passed an order for dismissal from service. The second respondent aggrieved by the order of dismissal filed an application before the Registrar of Cooperative Societies. The Registrar of Co-operative Societies allowed the application filed by the second respondent and set aside the order of dismissal and directed the petitioner to reinstate the second respondent with backwages. The petitioner aggrieved by the order passed by the Registrar of Co-operative Societies preferred an appeal in Appeal No.539/2011 before the Karnataka Appellate Tribunal (for short, hereinafter referred to as 'the Tribunal'). The Tribunal vide order dtd. 28/5/2015 dismissed the appeal filed by the petitioner. The petitioner aggrieved by the order passed by the Registrar of the Co-operative Societies and the order passed in the aforesaid appeal by the Tribunal, preferred a writ petition in W.P.No.204632/2015. The learned Single Judge considering the material on record rejected the writ petition. The petitioner aggrieved by the same has filed this intra-Court appeal.