HANUMESH N. Vs. STATE GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) A short question that falls for consideration in this writ petition is, whether the resolution passed by the 2nd respondent - Karnataka Co -operative Milk Producers' Federation Limited on 10.07.2014 in resolution No. 2/254 resolving not to post the petitioner herein as Managing Director of any of the District Milk Producers' Union coming under the jurisdiction of the 2nd respondent is sustainable in law.

(2.) UNDISPUTED facts are: - petitioner was appointed as a Managing Director of the Kolar Chikkaballapur District Milk Union Co -operative Society. He worked there from 18.03.2013 till he was transferred to the cattle field plant, Rajanakunte. A show cause notice was issued on 23.05.2014 making several allegations against the petitioner. Petitioner submitted his reply denying all the allegations. No action was taken based on the show cause notice issued. But, in the meeting dated 10.07.2014 of the 2nd respondent - Federation, one of the representatives of Kolar Chikkaballapur District Milk Union Cooperative Society appears to have raised question of posting an efficient official as Managing Director who would be having the knowledge of the subject regarding milk production and also could ably regulate and control the affairs of the district milk unions as Managing Director. He did not stop there. It was urged that petitioner herein shall not be posted as Managing Director to any of the District Milk Producers' Union. This suggestion of the member made in the meeting has been approved by the Federation by passing the impugned resolution, thereby resolving not to post him as Managing Director to any of the District Milk Producers' Union.

(3.) LEARNED counsel appearing for the 2nd respondent -Federation strongly supports the resolution contending inter alia that it does not affect the service conditions of the petitioner and that petitioner does not have any vested right to be posted as Managing Director to any of the District Milk Producer's Union. He further points out that the resolution does not amount to a penalty but is only aimed at bringing in efficiency in the administration of the District Milk Producers' Unions. He also urges that that if petitioner feels aggrieved, he is required to avail the remedy under Section 70 of the Karnataka Co -operative Societies Act, 1959 (for short the Act') and not to approach this Court by filing writ petition.