BANGALORE NORTH AGRICULTURAL PRODUCE MARKETING CO-OPERATIVE SOCIETY LTD Vs. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Aggrieved by the impugned order dated 19.04.2018 passed by the learned Single Judge in W.P.No.42824 of 2011, by which the writ petition was allowed, the first respondent is in appeal.

(2.) The petitioner filed the writ petition under Art. 226 of the Constitution of India praying to quash order dated 02.11.1999 passed by the first respondent and order dated 28.02.2011 in Appeal No.295 of 2007 passed by the Karnataka Appellate Tribunal. It is stated that the petitioner-Smt.Gowramma joined the services of the first respondent-Society on daily wages as clerk-cum-typist and she was regularized as such on 19.04.1983. She was further promoted as First Division Assistant on 19.10.1987.

(3.) The first respondent aggrieved by the order of the second respondent dated 19.02.2007 filed appeal before the Karnataka Appellate Tribunal in Appeal No.295 of 2007. The Appellate Tribunal, by its order dated 28.02.2011 allowed the appeal and set aside the award dated 19.02.2007 passed by the second respondent holding that the punishment of dismissal cannot be said to be harsh and disproportionate to the charges leveled against respondent No.2/petitioner. The petitioner aggrieved by the order of the Karnataka Appellate Tribunal filed instant writ petition before this Court. This Court, considering the entire documents on record held that the second respondent has rightly modified the punishment of dismissal to that of withholding two increments with cumulative effect and confirmed the order dated 19.02.2007 passed by the second respondent. Aggrieved by the same, the respondent No.1 is in appeal.