SRI V. HANUMANTHAIAH Vs. THE HORTICULTURE PRODUCE CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD., (HOPCOMS) REPRESENTED BY ITS MANAGING DIRECTOR SRI KADIREGOWDA AND THE DIRECTOR OF HORTICULTURE

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 22.01.2014 vide Annexure -N. The 1st respondent served on the petitioner, memorandum of charges dated 29.03.2013 and appointed an enquiry officer to conduct disciplinary enquiry into the charged misconduct. Enquiry Officer having submitted a report dated 25.09.2013, copy was furnished to the petitioner on 07.10.2013 and in view of the resolutions of the managing committee dated 03.12.2013 and 09.01.2014, an order dated 22.01.2014 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 S. 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.) BASED on a domestic enquiry conducted, after furnishing copy thereof and in terms of the resolutions passed by the managing committee, the petitioner was dismissed from service on 22.01.2014 vide Annexure -N, by the 1st respondent.