IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 100 OF 2025 (CS-RES)

BETWEEN:

G KAVALAPPA S/O LATE GANGAPPA, AGED ABOUT 70 YEARS, R/AT 1865, K.G. RAMAMANDIRA ROAD, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT- 562123.

…PETITIONER (BY SRI. MALLAIAH M R., ADVOCATE)

AND:

1. BENGALURU DISTRICT AND BENGALURU RURAL DISTRICT CENTRAL CO OPERATIVE BANK LTD

5TH MAIN ROAD, CHAMARAJAPETE.

BANGALORE- 560 018 REP. BY ITS BRANCH MANAGER Digitally signed by PRASHANTH N V

2. MR. SYED ASSIF Location: High Court of ENQUIRY OFFICER AND Karnataka ASST. REGISTRAR CO-OPERATIVE SOCIETIES(RTD) NO.146, 3RD MAIN, 8TH CROSS MARGOSA ROAD, MALLESHWARAM BANGALORE-560003 …RESPONDENTS (BY SRI. SOMASHEKAR., ADVOCATE FOR R1;

SRI. YOGESH D NAIK, AGA FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING DOMESTIC ENQUIRY REPORT DATED- 03.05.2006 OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES AND DISMISSAL OF APPEAL NO.441/2012 DATED- 30.9.2024 FILED BY THE PETITIONER AT ANNEXURE A AND B, AND DIRECT THE RESPONDENT BANK TO RESTORE THE SERVICE OF THE PETITIONER ALONG WITH ARREARS OF SALARY, INCLUDING RETIREMENT BENEFITS AND PROMOTION FROM TIME TO TIME WHICH IN DUE FROM THE DATE OF HIS SUSPENSION DATED- 21.01.2001 TO 31.07.2012 I.E., FOR ALMOST 12 YEARS OF SERVICE TILL HIS RETIREMENT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

The petitioner has approached this Court seeking issuance of writ in the nature of certiorari to quash the ‘Domestic Enquiry Report’ dated 03.05.2006, filed by the Assistant Registrar of Cooperative Societies produced as per Annexure-A and the order dated 30.09.2024 passed by the Karnataka Appellate Tribunal, Bengaluru (for short ‘KAT’) dismissing the appeal produced as per Annexure-B and to restore the service of the petitioner with respondent No.1 – Bank, along with arrears of salary and all other consequential benefits.

2. Heard Sri.Mallaiah M.R., learned counsel for the petitioner, Sri.Somashekar, learned counsel for respondent No.1 and Sri.Yogesh D. Naik, learned AGA for Respondent No.2. Perused the materials on record.

3. It is the contention of learned counsel for the petitioner that he was working as a Manager in respondent No.1 – Bank. An allegation was made against him for misappropriation of Rs.6,00,000/- and Rs.2,55,000/- respectively. He was kept under suspension from 21.01.2002 to 31.07.2012 and separate charges were framed for having misappropriated the above said amounts. It is the contention of the petitioner that he was made to admit misappropriation of the amount by writing a letter dated 28.10.2005 and made him to pay Rs.2 lakh, upon which, his suspension was revoked on the same day i.e., on 28.10.2005. Later a domestic enquiry was held and the Enquiry Officer submitted a report on 03.05.2006 holding that the petitioner is guilty of both the charges of misappropriation. The petitioner was dismissed from the service as per order dated 31.01.2008.

4. The petitioner raised a dispute for the first time before the Joint Registrar of Cooperative Societies on 30.06.2008. The said dispute was dismissed and when the petitioner approached KAT, the appeal was allowed. Being aggrieved by the same, the respondent No.1 filed W.P.No.38344/2017 before this Court, which came to be allowed and the matter was remanded back to the KAT for fresh consideration. After remand, KAT reconsidered the contentions of the parties and dismissed the appeal. Being aggrieved by the same, the petitioner is before this Court.

5. It is the contention of the petitioner that he has not committed any misappropriation and he was forcibly made to sign on a letter dated 28.10.2005, admitting commission of misappropriation and forcibly he was made to pay Rs.2 lakh. But the petitioner has not raised any dispute with regard to the same.