P L SANNAPPA Vs. COMMON CADRE AUTHORITY

JUDGEMENT

(1.) This petition is by an employee of the 2nd respondent - Sira Taluk Primary Co-operative Land Development Bank. He has challenged the order of the Common Cadre Authority created under Section 128A of the Karnataka Co-operative Societies Act (hereinafter referred to as the Act) for Primary Land Development Banks. The order is at Annexure-C to the petition, the purport of the order is to refuse approval for re-appointment of the petitioner as an employee of the 2nd respondent-Bank for the reasons given in the order.

(2.) The facts may be stated briefly and they are as follows. The petitioner is an employee who came to be dismissed following an enquiry on the charge of misappropriation of Rs.5625/-. That order was passed on 28-7-1977. Thereafter, it appears he made good the amounts misappropriated and appealed to the Committee of Management of the 2nd respondent-Bank for re-employment in the Bank. The Bank in that circumstance re-appointed him subject to the approval of the Common Cadre Authority (claimed to be a case of reinstatement). In that behalf Secretary of the 2nd respondent Bank requested the Common Cadre Authority to accord approval to the re-appointment of the official. That has been refused. The operative portion of the order is as follows :

(3.) The contention that Common Cadre Authority has no jurisdiction is without substance. All appointments made without approval of Common Cadre Authority is a nullity. Section 128A of the Act reads as follows :