RAYAPPA GOWDA Vs. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (I AND M)

JUDGEMENT

(1.) PETITIONER was an employee of the Karnataka Road Transport Corporation Employees Credit Co -operative Societies Limited - 2nd respondent herein. On the allegations that he illegally substituted the names of two sureties for the loan availed by one Rehman Shariff in the place of two sureties who had earlier signed as such, a disciplinary enquiry was ordered to be initiated by issuing a charge sheet. In this regard, a resolution was passed by the Board of Directors of the 2nd respondent - Society authorizing the Vice President of the Society to issue the charge sheet. The Vice President issued the charge sheet on 23.05.2005. Petitioner replied denying the charges. An enquiry officer was appointed by the Board of Directors. After holding an enquiry, the Enquiry Officer submitted a report stating that the charge was partly proved.

(2.) FINDINGS recorded by the Enquiry Officer as are evident from Annexure -F disclosed that it was the practice of substituting new sureties in the place of the old by striking out their names and mentioning the names of new sureties. But, in the instant case, petitioner had used whitener to remove the names of earlier sureties and had written the names of new sureties in that place and also that the petitioner had not submitted any explanation with regard to the new surety -Gopinath Panikar. As there was no application forthcoming from Gopinath Panikar to stand as surety in the records, report of the Enquiry Officer was accepted by the Vice President of the Society and the petitioner was dismissed from service vide order dated 27.03.2006.

(3.) THE Karnataka Appellate Tribunal by its order dated 26.02.2014 has set aside the order passed by the Deputy Registrar by allowing the appeal. It is in this background, petitioner has filed this writ petition challenging the order passed by the Karnataka Appellate Tribunal.