Dismissed

The Shimoga District v. the State of Karnataka

Karnataka HC17 Nov 2021WP/42196/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka held that the Writ Petition filed by the Shimoga District Co-operative Central Bank Limited is dismissed as having become infructuous because the period of engagement as CEO had expired on April 30, 2020. The applicability of Circular No.265 was kept open.

What did the court decide?

The writ petition is dismissed as having become infructuous due to the expiration of the contract period.

The Shimoga District Vs the State of Karnataka — Company and Corporate | Karnataka HC (2021)

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W.P No.42196/2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2021 BEFORE

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THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.42196 OF 2019 (CS-RES)

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BETWEEN :

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THE SHIMOGA DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED BALRAJ URS ROAD SHIMOGA-577 201 REPRESENTED BY ITS DIRECTOR SRI. H.K. VENKATESH S/O H.K.S. VENKATAGIRI RAO AGED ABOUT 52 YEARS R/AT HULIMANE VILLAGE KALMANE POST, SAGAR TALUK SHIMOGA DISTRICT-577 401 ... PETITIONER

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(BY SHRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SHRI. B. VINAYAKA, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION BY ITS SECRETARY M.S.BUILDING BANGALORE-1

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD BANGALORE-560 052

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W.P No.42196/2019

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SHANKAR BAHVAN R.T.O. OFFICE ROAD SHIVAMOGGA-AT/DIST-577 201 ... RESPONDENTS

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(BY SHRI. PRABHULING K. NAVADAGI, AG A/W SHRI. R. SUBRAMANYA, AAG A/W SHRI. M. VINOD KUMAR, AGA)

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. . . .

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 30.08.2019 PASSED BY THE R-2 VIDE ANNX-H.

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THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 01.10.2021, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:-

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ORDER

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The Shimoga District Co-operative Central Bank has challenged order¹ passed by RCS² , directing the Bank to

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annul the order appointing one Shri. C. Rajanna Reddy as the CEO³ of the Bank with a further direction to handover the charge to the DRCS⁴ , Shimogga.

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Petitioner - Bank, vide Notification dated May 22, 2019, had called for eligible candidates to apply for the post

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of Managing Director. Shri. C. Rajanna Reddy, was

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1 Order No.RCS/SIBBANDI/EGP/31/2019-20 dated August 30, 2019

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2 Registrar of Co-operative Societies - respondent No.2

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3 Chief Executive Officer

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4 Deputy Registrar of Co-operative Societies - respondent No.3

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W.P No.42196/2019

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appointed to the said post vide order dated June 1, 2019 by

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the President of the Bank. The second respondent has passed the impugned order annulling the appointment of the CEO.

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Admittedly, the appointment was on contract

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basis for eleven months, which would expire on April 30, 2020 by efflux of time.

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The RCS has averted to Circular

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No.265:RSR/XMC/92/2017-18 dated November 3, 2017

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while passing the impugned order.

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5. Since the period of engagement has expired, this

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petition is dismissed as having become infructuous. The question, whether Circular No.265:RSR/XMC/92/2017-18 is applicable in similar cases, is kept open for consideration in an appropriate case.

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Sd/JUDGE

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SPS

The Shimoga District v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Shimoga District v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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