[Cites 3, Cited by 0]
Karnataka High Court
Shri Dundappa S/O Satappa ... vs The State Of Karnataka on 3 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:17174
WP No. 101378 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 3RD 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:
1. THE STATE OF KARNATAKA
RPTD BY ITS PRL SECRETARY
DEPT OF CO-OPERATION
M S BUILDING
DR AMBEDKAR VEEDHI
BENGALURU 560001
Digitally signed by 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
VISHAL NINGAPPA
PATTIHAL NO 1 ALI ASKAR ROAD,
Location: High
Court of Karnataka, BENGALURU 560001.
Dharwad Bench,
Dharwad
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
SAHAKARA ADALITHA BHAVAN,
BELAGAVI 590001,
TQ AND DIST BELAGAVI.
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
DISTRICT ADMINISTRATIVE BUILDING,
NAVANAGAR, BAGALKOTE 587101,
TQ AND DIST BAGALKOTE.
5. THE CHIEF EXECUTIVE OFFICER,
THE BAGALKOTE DISTRICT CENTRAL
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CO-OPERATIVE BANK BAGALKOTE-587101
TQ AND DIST BAGALKOTE.
6. THE INCHARGE CHIEF EXECUTIVE OFFICER
PRATAMIKA KRUSHI PATTINA
SAHAKARI SANGH NIYAMIT
DHAVALESHWAR 587312
TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOTE.
7. 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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HC-KAR
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)
1. 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.
2. 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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HC-KAR
is ex parte and the learned counsel for the respondents submits
that despite issuance of notice, he refused to appear.
3. 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.
4. 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.
5. In that light, I deem it appropriate to dispose the
subject petition, directing the Assistant Registrar of Co-operative
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.
6. 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.
7. The ARCS shall conclude the proceedings within 4
weeks from the date of receipt of the copy of the order.
8. 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
