Allowed

The Hassan District Central Co. Operative Bank v. the State of Karnataka

Karnataka HC8 Feb 2023WP/3430/2022

Case brief

AI extract

What is this about?

A writ petition under Article 227 challenging an order halting recruitment was disposed of. After a report from the Joint Registrar found no irregularities in the recruitment conduct, the court directed the bank to complete the process strictly in accordance with the law. The petition is concluded.

What did the court decide?

The petition is disposed of directing the petitioner to complete the recruitment process commenced strictly in accordance with law.

The Hassan District Central Co. Operative Bank Vs… — Cooperative Societies | Karnataka HC (2023)

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WP No. 3430 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 3430 OF 2022 (S-RES)

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BETWEEN:

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THE HASSAN DISTRICT CENTRAL CO OPERATIVE BANK B.M. ROAD, HASSAN 573201 REPRESENTED BY ITS PRESIDENT SRI. NAGARAJ.

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…PETITIONER

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(BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. VARUN JAYKUMAR PATIL.,ADVOCATE)

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AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S. BUILDING BANGALORE 560 001 REPRESENTED BY ITS SECRETARY.

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THE REGISTRAR OF CO OPERATIVE SOCIETIES NO./ 01, ALI ASKER ROAD BANGALORE 560052.

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THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES

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WP No. 3430 of 2022

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NO.01, ALI ASKER ROAD BANGALORE 560052.

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…RESPONDENTS

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(BY SRI.T.P. SRINIVASA., GOVT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.10.2019 PASSED BY R3 VIDE ANNEXURE-G DIRECTING PETITIONER BANK TO MAINTAIN STATUS QUO WITH REGARD TO THE ONGOING RECRUITMENT PROCESS.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner, a District Central Co-operative Bank, has commenced the process of recruitment for different posts with necessary permission from the second respondent, and after the examinations are conducted, the third respondent has issued the communication dated 25.10.2019 informing the petitioner that the recruitment process is being temporarily halted because of the directions of the

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WP No. 3430 of 2022

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Hon’ble Chief Minister and as such the petitioner must maintain status quo .

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It is stated that during the pendency of this petition, the State has called for a report from the jurisdictional Joint Registrar of Co-operative Societies on the allegations made in certain complaints, which was the reason to temporarily halt the recruitment process. The aforesaid Joint Registrar has filed, after due enquiry, the Report dated 03.02.2023 opining that there is no truth in the allegations of irregularity in the conduct of the recruitment process.

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Though Sri Jayakumar S Patil, learned Senior Counsel for the petitioner, would persuade this Court on the jurisdiction to issue the impugned notification and the manner in which such communication is issued, this Court is of the considered opinion that such questions need not be addressed when the State has verified the allegations in securing a Report that falsifies the complaint. Further, with this Report,

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WP No. 3430 of 2022

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there should be no reason for stalling the recruitment process which has begun. As such, the petition is disposed of directing the petitioner to complete the recruitment process commenced strictly in

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accordance with law.

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Sd/JUDGE

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The Hassan District Central Co. Operative Bank v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Hassan District Central Co. Operative Bank v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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