Shri Dundappa S/O Satappa Pattanashetty Vs the… — Writ and Judicial Review | Karnataka HC (2025)

Shri Dundappa S/O Satappa Pattanashetty Vs the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of without adjudicating the challenge on merits: the Assistant Registrar of Co-operative Societies is directed to answer the pending challenge (whether the enquiry report was appended to the second show cause notice) within 4 weeks, bearing in mind the court's observations and the submissions of both sides; interim orders dissolved; no reinstatement ordered.

Issue for consideration

Whether the second show cause notice issued to the petitioner without appending the report of the enquiry officer is sustainable, or runs counter to the Constitution Bench judgment of the Apex Court in Managing Director, ECIL, Hyderabad vs. B. Karunakar (AIR 1994 SC 1074).

Court's answer

If a second show cause notice is issued to the petitioner without the enquiry report being appended to it, it would run counter to the Constitution Bench judgment of the Apex Court in Managing Director, ECIL, Hyderabad vs. B. Karunakar (AIR 1994 SC 1074).

Ratio / Principle

The subject petition is disposed of, directing the Assistant Registrar of Co-operative Societies - before whom the petitioner's challenge to the second show cause notice is pending - to answer the challenge bearing in mind the observations made in the course of the order, and also the submissions of the learned counsel Sri. Prashant Hosmani (that all nuances of conduct of the enquiry were followed and the petitioner's submissions are incorrect).

Key takeaways

The Assistant Registrar of Co-operative Societies shall conclude the proceedings within 4 weeks from the date of receipt of the copy of the order.ratio¶54
Interim order of any kind subsisting as on the date of this order shall stand dissolved.ratio¶56

Detailed headnote1 paragraphs

Co-operative society - suspension of Chief Executive Officer - writ petition under Articles 226 and 227 of the Constitution of India challenging (i) order dated 20/11/2024 bearing No. Pra.Kru.Pa.Sa.Sam.Dha/MuKaNi/Amanathu/2024 passed by Respondent No.7 (President, Pratamika Krushi Pattina Sahakari Sangh Niyamit, Dhavaleshwar) vide Annexure-G, and (ii) order/intimation dated 28/1/2025 bearing No. DRBGK/ABN/CR/2024-25 issued by Respondent No.4 (Deputy Registrar, Bagalkote) vide Annexure-J; prayer for reinstatement till disposal of pending enquiry. Enquiry conducted against the petitioner (petitioner: ex parte; respondents: notice issued but petitioner refused to appear). Second show cause notice issued without the enquiry officer's report being appended - per the Constitution Bench judgment in Managing Director, ECIL, Hyderabad vs. B. Karunakar (AIR 1994 SC 1074), such a notice would run counter to it. Petition disposed of directing the Assistant Registrar of Co-operative Societies, before whom the challenge is pending, to examine whether the enquiry report was appended, bearing in mind the court's observations and the submissions of Sri. Prashant Hosmani for Respondent No.7, and to conclude the proceedings within 4 weeks; interim orders dissolved.

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3^RD DAY OF DECEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101378 OF 2025 (CS-RES)

BETWEEN:

SHRI. DUNDAPPA S/O. SATAPPA PATTANASHETTY, AGE: 49 YEARS, OCC: NIL, R/O: DHAVALESHWAR-587312 RABAKAVI-BANAHATTI TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOTE.

…PETITIONER

(BY SRI. ANIL KALE, ADVOCATE)

AND:

THE STATE OF KARNATAKA RPTD BY ITS PRL SECRETARY DEPT OF CO-OPERATION M S BUILDING DR AMBEDKAR VEEDHI BENGALURU 560001

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad

THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO 1 ALI ASKAR ROAD, BENGALURU 560001.

THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES SAHAKARA ADALITHA BHAVAN, BELAGAVI 590001, TQ AND DIST BELAGAVI.

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOTE 587101, TQ AND DIST BAGALKOTE.

THE CHIEF EXECUTIVE OFFICER, THE BAGALKOTE DISTRICT CENTRAL

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CO-OPERATIVE BANK BAGALKOTE-587101 TQ AND DIST BAGALKOTE.

THE INCHARGE CHIEF EXECUTIVE OFFICER PRATAMIKA KRUSHI PATTINA SAHAKARI SANGH NIYAMIT DHAVALESHWAR 587312 TQ: RABAKAVI BANAHATTI, DIST: BAGALKOTE.

THE PRESIDENT PRATAMIKA KRUSHI PATTINA SAHAKARI SANGH NIYAMIT, DHAVALESHWAR-587312 TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOTE.

…RESPONDENTS

(BY SMT. NANDINI SOMAPUR, AGA FOR R1 TO R4; SRI. PRASHANT S. HOSMANI AND SRI. PRASHANT MATHAPATI, ADVOCATES FOR R7; R5 AND R6 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DTD. 20/11/2024 BRG. NO. PRA.KRU.PA.SA.SAM.DHA/MUKANI/AMANATHU/2024 PASSED BY THE RESPONDENT NO.7 VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY.

B) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER/INTIMATION BRG. NO. DRBGK/ABN/CR/2024-25 DTD. 28/1/2025 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-J IN THE INTEREST OF JUSTICE AND EQUITY.

C) ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER TO THE POST OF CHIEF EXECUTIVE OFFICER AT THE RESPONDENT NO.7 SAHAKARI SOCIETY WITH ALL THE BENEFITS, TILL THE DISPOSAL OF PENDING ENQUIRY AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioner is before this Court seeking the

following prayer:

A) Issue a Writ in the nature of Certiorari by quashing the impugned Order dated 20/11/2024 bearing No. Pra.Kru.Pa.Sa.Sam.Dha/MuKaNi/Amanathu/2024 passed by the Respondent No.7 vide ANNEXURE-G, in the interest of justice and equity.

B) Issue a Writ in the nature of Certiorari by quashing the impugned Order/Intimation bearing No.DRBGK/ABN/CR/2024-25 dated 28/1/2025 issued by the Respondent No.4 vide ANNEXURE-J in the interest of justice and equity.

C) Issue a Writ in the nature of Mandamus by directing the Respondents to reinstate the Petitioner to the Post of Chief Executive Officer at the Respondent No.7 Sahakari Society with all the Benefits, till the disposal of pending enquiry against the Petitioner, in the interest of justice and equity.

D) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

Though the prayer of the petitioner is calling in

question the order of suspension, it transpires that an enquiry is conducted which the learned counsel for the petitioner submits it

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is ex parte and the learned counsel for the respondents submits that despite issuance of notice, he refused to appear.

Be that as it may, the second show cause notice is issued to the petitioner without it being accompanied by the report of the enquiry officer. Therefore, the petitioner is before the Assistant Registrar challenging the said second show cause notice, which does not append to it an enquiry report. If a second show cause notice is issued without the enquiry report being appended to it, it would run counter to the Constitution Bench Judgment of the Apex Court in the case of Managing Director, ECIL, Hyderabad vs. B. Karunakar¹ .

In the light of the issue standing answered by the Constitution Bench, the ARCS shall now examine the challenge qua the Judgment of the Apex Court whether the enquiry report is appended to it or the submission of the learned counsel to the petitioner is in thin air.

In that light, I deem it appropriate to dispose the subject petition, directing the Assistant Registrar of Co-operative

1 AIR 1994 SC 1074

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Societies, before whom the challenge is now pending, to answer the challenge bearing in mind the observations made in the course of the order.

The learned counsel Sri.Prashant Hosmani submits that all the nuances of conduct of an enquiry against the petitioner have been followed. The submissions that the petitioner has made are all incorrect. Therefore, the ARCS shall also bear in mind the submissions made by the learned counsel Sri.Prashant Hosmani while deciding the challenge.

The ARCS shall conclude the proceedings within 4

weeks from the date of receipt of the copy of the order.

Interim order of any kind subsisting today shall stand

dissolved.

Ordered accordingly.

Sd/(M.NAGAPRASANNA) JUDGE

KGK CT:ANB List No.: 1 Sl No.: 20