Y. BASANNA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The President of the 2nd respondent-Society has come up in this appeal seeking to set aside the order dated 13.12.2017 in W.P. No.109565 of 2017 (CSRES) so far as it pertains to reinstating the 6th respondent herein as the Chief Executive officer of the 2nd respondent.

(2.) Admittedly, the appellant is the President of the 2nd respondent-Society and, according to him, the 6th respondent and another person by name Mariswamy, a clerk in the 2nd respondent-society, joined together in misappropriating the sale proceeds of the organic manure which was belonging to the 2nd respondent-Society. In this behalf, an enquiry was conducted under Section 65 of the Karnataka Cooperative Societies Act wherein report was submitted on 31.03.2015 as could be seen at Reference No.3 in the order of the Assistant Registrar of Co-operative Societies dated 15.05.2015 in proceedings No.SaNi.22:Vi7:Kalam.65:68:0:2015-16. Wherein the 4th respondent ARCS of Ballary Sub-Division, held that the 6th respondent herein and as well as Mariswamy have misappropriated the sale proceeds of organic manure in the society, and with reference to that steps should be taken for recovery of amount and also initiation of enquiry proceedings against these two persons.

(3.) It is stated that the said order of ARCS dated 15.05.2015, vide Annexure-B, was subject matter of challenge before the 3rd respondent DRCS in Appeal No.1/2015 which came to be allowed by order dated 25.4.2017, wherein the appeal filed by 6th respondent herein in challenge to the finding of ARCS was confirmed in directing conducting of an enquiry and also ordering for recovery of money from both 6th respondent and Mariswamy. However it is stated that the 3rd respondent committed grave error in passing an order directing reinstatement of 6th respondent as CEO of 2nd respondent society even though there was no prayer to that effect in Appeal No.1/2015-16 filed before the 3rd respondent.