M.S.CHETAN Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Sri. Nagarajappa A., learned counsel for the petitioner. Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent No.1. Smt./Miss Sruti Changati, learned counsel for respondent No.7. This intra Court appeal has been filed against the order dtd. 3/6/2022 passed by the learned Single Judge in a writ petition filed by respondent Nos.7 to 85 by which the resolution dtd. 7/6/2021 passed by the Motaganahalli Milk Producers Co- operative Society and order dtd. 23/6/2021 passed by the Assistant Registrar have been quashed with the liberty to the Society to take necessary measures to fill up the post of Chief Executive Officer in accordance with law and liberty has been granted to decide on the interim arrangement in the interregnum.

(2.) The facts giving rise to filing of this appeal briefly stated are that on 31/5/2021, the Chief Executive Officer of the Society demitted his office. The managing Board of the Society by a resolution dtd. 7/6/2021 promoted the appellant who was employed as an helper in the Society as Chief Executive Officer. The Co-operative Development Officer by an order dtd. 22/6/2021 recommended the promotion of the appellant and thereafter, an order was passed on 23/6/2021. The resolution dtd. 7/6/2021 passed by the Society and the order dtd. 23/6/2021 passed by the Assistant Registrar were challenged by respondent Nos.7 to 85 in a writ petition before the learned Single Judge.

(3.) Learned Single Judge by an order dtd. 3/6/2022 inter alia quashed the resolution dtd. 7/6/2021 and order dtd. 23/6/2021. It was also held that the issue of eligibility of the appellant to hold the post of Chief Executive Officer was kept open and the Society was directed to take necessary steps to fill up the post of Chief Executive Officer in accordance with law. The Society was also granted the liberty to decide on the interim arrangement which will have to prevail until the completion of process of filling up of the post of Chief Executive Officer. In the aforesaid factual background, this appeal has been filed.