U SHANKARAIAH Vs. DISTRICT CO OPERATIVE CENTRAL BANK

JUDGEMENT

(1.) Aggrieved by the action of the Second Respondent-Society in removing him from the post of Paid Secretary by a resolution dated 6-6-1989, the Petitioner filed the present Writ Petition.

(2.) The case of the petitioner is that he was working as Paid Secretary in the 2nd respondent-Society since several years and he was performing his duties to the satisfaction of the superior officers. However, the 3rd respondent, who is the President of the Managing Committee of the 2nd respondent-Society, with a mala fide intention and to cover up his own laches, got a resolution passed by the Society on 6-6-1989 removing him from the post of Paid Secretary on the allegation that he has misutilised some funds of the Society. It is his further case that no enquiry, whatsoever, was conducted into the said allegation and he was not given any opportunity to explain his case before the said resolution was passed. That resolution is now under challenge in this Writ Petition.

(3.) Sri R. Subhash Reddy, the learned Counsel for the petitioner submits that the action of the 2nd respondent in removing the petitioner from the post of Paid Secretary by means of a resolution without conducting any enquiry, is arbitrary and without jurisdiction.