Smt. Prema Kumari @ Prema v. Assistant Registrar of

ORDER,DATED,27.07.2026), , THIS, WP, IS, FILED, UNDER, ARTICELS, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASHING, THE, ORDER, DATED, 18-07-2024, IN, DISPUTE, NO.AR40/DDS/13/2019-20, VIDE, ANNEXURE-F, PASSED, BY, RESPONDENT, NO.1, SO, FAR, THE, OBSERVATION, THAT, AS, THERE, ARE, CHARGES, AGAINST, THE, PETITIONER, AND, THE, PETITIONER, SHOULD, BE, ASSIGNED, ALTERNATIVE, WORK, OTHER,THAN,THE,DUTY,OF,SECRETARY,ON,TEMPORARY,BASIS, AND,ETC., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, ,

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this petition, the petitioner is assailing the impugned Order dated

18.07.2024 in Dispute No.AR40/DDS/13/2019-20 (Annexure-F) passed by respondent No. 1, interalia sought for quashing the Order dated 25.03.2026 on IA No.2 in Appeal No.1/2026 (Annexure-K) passed by the Karnataka Appellate Tribunal.

¶2It is contended by Sri Jai Prakash Reddy M, learned counsel appearing for the petitioner that, 30 charges were framed during 2018. However, no notice has been issued to the petitioner nor Enquiry Officer has been appointed. Therefore, learned counsel places reliance on the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India, through its Secretary and Another, reported in (2015) 7 SCC 291 and submitted that there should not be any prolonged suspension/dismissal of the pending enquiry and therefore sought for interference of this Court.

¶3Per contra, Sri Raghunandan M.S., learned counsel appearing for respondent No.2-Society, submitted that, the Karnataka Appellate Tribunal after considering the material on record had arrived at a conclusion that in the event, the petitioner is reinstated as the Secretary to respondent No. 2-Society, where the enquiry is to be conducted against the petitioner, under such circumstances, the interest of the Society would be jeopardized and accordingly sought for dismissal of the petition.

¶4Sri

Yogesh D Naik, learned Additional Government Advocate, appearing for the respondent No.1, submitted that the respondent-Society as well as the Karnataka Appellate Tribunal had taken the fact as to statutory enquiry to be conducted in respect of the misconduct of the petitioner herein, as per Section 64 of the Karnataka Co-operative Societies Act, 1959, and therefore, the same does not call for any interference of

this Court and accordingly, sought for dismissal of the petition.

¶5In the light of the submissions made by the learned counsel appearing for the parties and careful examination of the material placed on record would indicate that the petitioner herein has already approached this Court, in W.P.No.21250/2025, challenging the implementation and execution of the order dated

18.07.2024 passed by respondent No. 1 in Dispute No.13 of 2019-2020, and the said proceedings has been stayed by this Court by an interim order dated 08.08.2024 and at the instance of the petitioner.

¶6In that view of the matter, taking into consideration the charges levelled against the petitioner herein and also taking into consideration the notice under Section 69(1) of the Act as per Annexure H, I am of the considered opinion that, no interference is called for in this petition.

¶7As the aforementioned judgment of the Hon'ble Supreme Court is as to the suspension of the order that has been passed by the employer against the delinquent therein, as in the present case the petitioner herein has been discharged from the service and further the notice as per Section 69 of the Act, has been issued to him and as such I am of the view that, the petitioner be directed to appear for enquiry on 16.02.2026 and as such, I am of the considered opinion that no interference is called for under Article 227 of the Constitution of India, at this stage.

Accordingly, the petition stands dismissed.

SD/- (E.S.INDIRESH) JUDGE

HR List No.: 2 Sl No.: 11

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 12448 OF 2026 (CS-RES) BETWEEN: SMT. PREMA KUMARI @ PREMA W/O JNANESH, AGED ABOUT 49 YEARS SECRETARY,MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY LTD S KODAGAHALLI VILLAGE, MELUKOTE HOBLI PANDAVAPURA-571434 MANDYA DISTRICT. …PETITIONER (BY SRI. JAI PRAKASH REDDY M.,ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES PANDAVAPURA SUB DIVISION PANDAVAPURA-571434 MANDYA DISTRICT 2. MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY LTD S KODAGAHALLI VILLAGE, MELUKOTE HOBLI PANDAVAPURA-571434 MANDYA DISTRICT BY ITS PRESIDENT SOCIETY REGISTERED UNDER KARNATAKA CO- by CHAYA S A Location: HIGH COURT OF KARNATAKA NC:(2026:KHC:23149( WP(No.(12448(of(2026( ( , ,,HC-KAR( ( ( OPERATIVE,SOCIETIES,ACT, , 3., SMT.,D,PALLAVI, W/O,DEVEGOWDA, AGED,ABOUT,35,YEARS, EX-INCHARGE,SECRETARY, MILK,PRODUCERS,WOMEN,CO-OPERATIVE, SOCIETY,LTD, S,KODAGAHALLI,VILLAGE,,MELUKOTE,HOBLI, PANDAVAPURA-571434, MANDYA,DISTRICT, , …RESPONDENTS, (BY,SRI.,YOGESH,D,NAIK,,AGA,FOR,R1,,SRI,RAGHUNANDAN, M.S., FOR, C/R2,, NOTICE, TO, R2, IS, DISPENSED, WITH, VIDE,