KAMMASANDRA MILK PRODUCERS Vs. K SHIVANNA; ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES; KARNATAKA CO-OPERATIVE

JUDGEMENT

(1.) This is an appeal filed against the judgment and order dated 31.01.2012 passed by the learned Single Judge in W.P.No.7212/2007. While dismissing the writ petition filed by respondent No.1, the writ Court has issued certain directions with regard to payment of salary, as well as granting time to respondent No.1 to challenge the order of dismissal passed in 1993 after directing that the delay in challenging the same be not taken into account.

(2.) The brief facts of this case are that respondent No.1 was working as Secretary in Kammasandra Milk Producers Co-operative Society Ltd., (for short 'Co-operative Society'). In the year 1989, respondent No.1 was dismissed from service, which order was challenged by him before the Assistant Registrar of Co-operative Societies and was set aside by order dated 14.05.1990. The appeal filed by the appellant herein (Society) was also dismissed. Consequently, on 14.02.1992, respondent No.1 was taken back in service but respondent No.1 absented himself from duty from the very next date i.e., 15.02.1992. On a show cause notice having been issued to respondent No.1 and a reply having been given by him, respondent No.1 was taken back in service on 26.10.1992 but, he, again absented from the very next date i.e., 27.10.1992. Consequently, respondent No.1 was dismissed from service vide order dated 30.03.1993, which was communicated to him by the appellant-society on 17.04.1993. This order of dismissal was never challenged by the appellant.

(3.) However, in the meantime, on 22.09.1995, the Deputy Registrar of Co-operative Societies wrote to the Assistant Registrar of Co-operative Societies asking him to consider the representation of respondent No.1 seeking for prosecution of the appellant-society. In response thereto, on 21.05.1997, the Assistant Registrar of Co-operative Societies did not accept the request to prosecute the appellant-society and on the other hand directed for taking suitable action against respondent No.1. Respondent No.1 filed W.P.No.18614/1998, which was allowed in part and a direction was issued to consider the representation of respondent No.1 dated 21.05.1999, which was with regard to the orders dated 22.09.1995 and 21.05.1997 and not with regard to his dismissal from service vide order dated 30.03.1993 communicated on 17.04.1993. Pursuant to the order dated 19.11.1999, passed in W.P.No.18614/1998, the application of respondent No.1 was dismissed by the Assistant Registrar of Co-operative Societies. The appeal filed by respondent No.1 was also dismissed by the Karnataka Appellate Tribunal on 28.04.2006. Challenging the aforesaid orders dated 15.03.2005 and 28.04.2006, respondent No.1 filed the aforesaid W.P.No.7212/2007, which has been dismissed by the writ Court vide order dated 31.01.2012, and even after dismissal of the writ petition, certain directions have also been given in favour of respondent No.1.