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Karnataka High Court · body

2014 DIGILAW 975 (KAR)

BILINELE PRIMARY AGRICULTURAL CREDIT COOP SOCIETY LTD. v. ASSISTANT REGISTRAR OF COOPERATRIVE SOCIETIES ROSAMMA V

2014-11-10

B.S.PATIL

body2014
ORDER 1. Learned Additional Government Advocate takes notice for respondent No.1. 2. In this writ petition, petitioner is challenging the order dated 10.10.2014 passed by the Assistant Registrar of Cooperative Societies, Puttur SubDivision, Puttur, in Dispute No.23/201415 thereby granting an interim order of stay of suspension of the 2nd respondent pending enquiry ordered by the petitioner to be effective during the enquiry to be initiated against her. 3. Main contention urged by the petitioner – Society is that the Assistant Registrar had no power or jurisdiction to pass such an interim order. It is urged that such an interim order could not have been passed directing reinstatement of an employee who has been suspended. It is further contended that 2nd respondent had not submitted any reply to the show cause notice and the resolution passed on 06.10.2014 resolving to suspend the 2nd respondent. 4. In reply, learned Senior counsel appearing for the 2nd respondent submits that in terms of sub-clause (3) of Section 71 of the Karnataka Cooperative Societies Act, 1959 (for short ‘the Act’), the Authority to whom the dispute has been referred for decision under Section 70 may, pending decision of the dispute, make such interlocutory orders as may be deemed necessary in the interest of justice. He further contends that the 2nd respondent was not at all appointed as a cashier and has not committed any such irregularities that are sough to be attributed. He urges that the 2nd respondent had made a grievance regarding non-consideration of her case for permission to the post of Chief Executive of the petitioner – Society which made the society to take recourse to such a drastic action against the 2nd respondent. 5. It is neither appropriate nor just to enter into the controversy on merits in exercise of the writ jurisdiction. The only question that needs to be decided is, whether the Assistant Registrar had power to grant an interim order. 6. Section 71(3) of the Act makes it clear that any interlocutory order can be passed in a dispute referred under Section 70 of the Act, keeping in mind the ends of justice. 7. The fact remains that this order passed is without hearing the petitioner – Society. Petitioner – Society admittedly has filed memo seeking vacation of the interim order before the Assistant Registrar. 7. The fact remains that this order passed is without hearing the petitioner – Society. Petitioner – Society admittedly has filed memo seeking vacation of the interim order before the Assistant Registrar. The grievance of the petitioner is that even the said memo is not being considered and the matter is being adjourned extending the interim order. 8. In the above circumstance, it will be sufficient to direct the Assistant Registrar to take up the matter on the memo filed by the petitioner – Society for vacating the interim order and decide the same on merits hearing both parties within a period of one month from the date of receipt of a copy of this order. 9. It is submitted that next date of hearing is fixed on 17.11.2014. Both parties are directed to cooperate in addressing the arguments on the memo filed for vacating stay.