M. PUTTARAMEGOWDA Vs. THE HORTICULTURE PRODUCE CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LIMITED (HOPCOMS)

JUDGEMENT

(1.) Petitioner, an employee of the 1st respondent, filed this writ petition to quash Enquiry Officer's report vide Annexure-L and an order of dismissal from service dated 22-1-2014 vide Annexure-M. The 1st respondent served on the petitioner, memorandum of charges dated 29-3-2013 and appointed an Enquiry Officer to conduct disciplinary enquiry into the charged misconduct. Enquiry Officer having submitted a report dated 11-10-2013, copy was furnished to the petitioner on 5-11-2013 and in view of the resolutions of the Managing Committee dated 3-12-2013 and 9-1-2014, an order dated 22-1-2014 was passed, dismissing the petitioner from service.

(2.) Sri A.N. Gangadharaiah, learned Advocate, contended that the impugned action being against the principles of natural justice, even if an alternative remedy as provided under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act') is available, this is a fit case for interference in exercise of the power under Article 226 of the Constitution.

(3.) Respondent 1 is a Co-operative Society. A dispute can be raised as against the impugned order under Section 70 of the Act. As against the award passed by the Registrar, if prejudicial to the interest of either of the parties, an appeal can be preferred before the Karnataka Appellate Tribunal.