BOREGOWDA Vs. ASSISTANT REGISTRAR OF CO OP SOC

JUDGEMENT

(1.) the petitioner who was the secretary of vyavasaya seva sabakari sangha ltd , melukote pandavapura tq., which is a co-operative society functioning under the Provisions of the Karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as the act) has questioned the legality of an order made by the society, placing him under suspension pending enquiry against him.

(2.) the petfrtonet contends that the society had no authority to place him under suspension, as it is governed by the Provisions of s. 128 aof the act and Rule 17-c of the Karnataka Co-Operative Societies Rules, 1960, according to which the common cadre authority constituted for the concerned district alone is competent to place the secretaries of the societies governed by these Provisions, under suspension and to institute disciplinary proceedings against them. Sub sections (1) and (2) of s. 128a of the act which is relevant for the purpose of this case reads as follows :

(3.) sri. M. G. Satyanarayanamurthy learned counsel appearing for respondents-2 society did not dispute that the society is governed by s. 128 a read with role 17c of the rales he however submitted that the petitioner had not come within the purview of Rule 17c or the regulations, in view of the regulation 28 of the regulations which reads :