JANATHA BAZAR Vs. STATE OF KARNATAKA; JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION; DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES; HIRALAL J L

JUDGEMENT

(1.) The petitioner, which is a Co-operative Society, has called into question the order, dated 12.06.2006 (Annexure-F) passed by the third respondent Deputy Registrar of Co-operative Societies in Dispute No.JRB/MD-155/2003-04 and the order, dated 22.11.2014 (Annexure-G) passed by the Karnataka Appellate Tribunal ('K.A.T.' for short) in Appeal No.109/2007, confirming the Deputy Registrar's order.

(2.) The facts of the case in brief are that the respondent No.4 was working as the Manager of the petitioner Society. He was dismissed from service on 25.06.2001. On the enquiry officer holding the respondent No.4 guilty of three out of four charges levelled against him, the respondent No.4 challenged the said dismissal order by raising the dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 before the arbitrator. The arbitrator, by his order, dated 12.06.2006 set aside the dismissal order, directed the fourth respondent's reinstatement into the services of the petitioner Society with all the consequential benefits. Aggrieved by the said order, the petitioner Society filed Appeal No.109/2007 before the K.A.T.

(3.) Sri Mahesh R.Uppin, learned counsel for the petitioner submits that the fourth respondent had sent the election notice under Certificate of Posting only to help the then President of the Society, namely, one Sri Nagaraja. The learned counsel submits that the fourth respondent has misappropriated the funds which he had drawn by way of advance, as held by the enquiry officer.