BILINELE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED Vs. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS.

JUDGEMENT

(1.) Learned Additional Government Advocate takes notice for respondent 1. In this writ petition, petitioner is challenging the order dated 10-10-2014 passed by the Assistant Registrar of Co-operative Societies, Puttur Sub-Division, Puttur, in Dispute No. 23/2014-15 thereby granting an interim order of stay of suspension of the 2nd respondent pending enquiry ordered by the petitioner to be effective during the enquiry to be initiated against her.

(2.) Main contention urged by the petitioner-Society is that the Assistant Registrar had no power or jurisdiction to pass such an interim order. It is urged that such an interim order could not have been passed directing reinstatement of an employee who has been suspended. It is further contended that 2nd respondent had not submitted any reply to the show-cause notice and the resolution passed on 6-10-2014 resolving to suspend the 2nd respondent.

(3.) In reply, learned Senior Counsel appearing for the 2nd respondent submits that in terms of sub-section (3) of Section 71 of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'), the Authority to whom the dispute has been referred for decision under Section 70 may, pending decision of the dispute, make such interlocutory orders as may be deemed necessary in the interest of justice. He further contends that the 2nd respondent was not at all appointed as a cashier and has not committed any such irregularities that are sough to be attributed. He urges that the 2nd respondent had made a grievance regarding non-consideration of her case for permission to the post of Chief Executive of the petitioner-Society which made the society to take recourse to such a drastic action against the 2nd respondent.