REVANNASIDDAIAH Vs. JOIN REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) ALLEGING commission of misconduct by the petitioner, the 2nd respondent initiated disciplinary proceedings vide Annexure -A, on 04.03.2013. Petitioner filed statement of objections vide Annexure -B, on 15.04.2013. 2nd respondent appointed the 3rd respondent on 16.04.2013, as an Enquiry Officer. Petitioner filed objections and an application on 17.04.2013, stating that he has no confidence in the 3rd respondent and requested him not to proceed with the enquiry.

(2.) 3rd respondent having rejected the request, petitioner filed a dispute vide Annexure -D, under S.70 of the Karnataka Co -operative Societies Act, 1959 (for short, 'the Act ') before the 1st respondent. On 24.06.2013, the 2nd respondent filed an application in the dispute, to raise preliminary issue regarding maintainability of the dispute. Petitioner filed an application on 29.07.2013, vide Annexure -F and sought permission to amend the dispute. The 1st respondent by an Order dated 29.07.2013, as at Annexure -G, having dismissed the dispute on the bar of jurisdiction, this writ petition has been filed.

(3.) 2nd respondent having raised objection regarding jurisdiction of the 1st respondent to entertain the dispute by making a reference to the Government Notification No.C0:139:CLM:2010, dated 17.02.2011, issued in exercise of the power conferred under sub -section (5) of S.2 -A of the Act, conferring powers on different categories of officers of the Department, particularly, as per Sl. No.VIII -A, the power to adjudicate disputes filed under S.70 of the Act relating to Urban Co -op. Banks having been vested with the Joint Registrar of Co -operative Societies attached to the Karnataka State Co -operative Urban Banks Federation Ltd., Bengaluru, under Rule 441 of the Karnataka Civil Service Rules (excluding Amanath Co -operative Bank Ltd. Bangalore), the 1st respondent has passed the impugned order.