Disposed

Rythara Seva Sahakara Sangha v. the Assistant Registrar of Co-Operative

Karnataka HC26 Sept 2024WP/49432/2017

Case brief

AI extract

What is this about?

Cooperative society challenged the Assistant Registrar's order setting aside an employee's removal and the Appellate Tribunal's dismissal of its appeal. Parties amicably settled with payment of Rs.10 lakh; writ petition disposed in terms of settlement.

What did the court decide?

Petition disposed recording settlement; Rs.8,96,000 demand draft paid to respondent No.2 with undertaking to provide TDS certificates.

Rythara Seva Sahakara Sangha Vs the Assistant… — Cooperative Societies | Karnataka HC (2024)

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- 1 - NC: 2024:KHC:39984 WP No. 49432 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF SEPTEMBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 49432 OF 2017 (S-RES)

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BETWEEN:

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RYTHARA SEVA SAHAKARA SANGHA NIYAMITHA, SINGANAYAKANAHALLI, DODDABALLAPUR ROAD, BENGALURU-560 064. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRI K.KRISHNA BHAT, S/O LATE GANAPATHI BHAT, AGED ABOUT 59 YEARS.

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…PETITIONER

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(BY SRI. H N BASAVARAJU.,ADVOCATE)

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AND:

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, I CIRCLE, #32, II FLOOR, KSC FEDERATION BUILDING, DEVARAJ URS ROAD, BENGALURU-560 001.

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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SRI A.V.LAKSHMISHA S/O LATE VASUDEVA RAO, AGED ABOUT 61 YEARS, R/A NO.920, EWS II STAGE, YELAHANKA, BENGALURU-560 064.

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…RESPONDENTS

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(BY SRI. GOPALAKRISHNA SOODI., AGA FOR R1; SRI. M SUBRAMANYA BHAT.,ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD30.12.2006 PASSED BY THE R-1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, I CIRCLE, BENGALURU, AS PER ANNEXURE-T AND ALSO THE JUDGEMENT/ORDER DTD25.7.2017 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.160/2017 AS PER ANNEXURE-V AND ETC.,

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NC: 2024:KHC:39984 WP No. 49432 of 2017

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The Petitioner has challenged an order dated 30.12.2006 passed by respondent No.1 in Dispute bearing

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No.ARB-45/ABN/4/2001-02 as well as the order dated 25.07.2017 passed by the Karnataka Appellate Tribunal, Bengaluru, in Appeal No.160/2007. Petitioner has also sought for an order to restore the order dated 06.03.1999 passed by it as the Disciplinary Authority against the respondent No.2.

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The Petitioner had initiated disciplinary proceedings against respondent No.2 which culminated in an order removing him from service. This was challenged by the respondent No.2 before the respondent No.1 who allowed the appeal and set aside the order of punishment. The petitioner then challenged the order before the Tribunal in Appeal No.160/2007 which was dismissed. The

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3 - NC: 2024:KHC:39984 WP No. 49432 of 2017

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Petitioner is therefore before this court challenging the order passed by the respondent No.1.

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This petition was admitted and when it was

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listed for final hearing, the petitioner and the respondent No.2 submit that they have amicably settled the dispute in

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terms of which, the petitioner has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakh) only to the respondent No.2 towards full and final settlement of all his claim against the petitioner. A Resolution is also passed by the petitioner to the above effect.

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The respondent No.2 who is present in person agrees to aforesaid arrangement. The petitioner today has handed over a Demand Draft for Rs.8,96,000/(Rupees Eight Lakh and Ninty Six Thousand) only which is acknowledged by the respondent No.2. The petitioner undertakes to pass on TDS Certificates to the respondent No.2 to enable him to claim refund if he is entitled.

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NC: 2024:KHC:39984 WP No. 49432 of 2017

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In view of the aforesaid, no further orders need to be

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passed and this Writ Petition is disposed of taking into account the arrangement entered into between the petitioner and the respondent No.2.

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Sd/-

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(R. NATARAJ) JUDGE

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Bsv List No.: 1 Sl No.: 2

Rythara Seva Sahakara Sangha v. the Assistant Registrar of Co-Operative

Case brief

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Rythara Seva Sahakara Sangha v. the Assistant Registrar of Co-Operative

Case brief

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