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Judgment
Respondent Nos.2 and 3 in Revision petition No.93/2016 on the file of Karnataka Appellate Tribunal, Bengaluru have come up in this petition
impugning the judgment dated 23.8.2017 in allowing said revision petition and consequently, setting aside the order of second respondent -
Assistant Registrar of Cooperative Societies dated 23.12.2006 in proceedings No.AR.44/DIS/02/2016- 17.
Brief facts leading to this writ petition are as under:
First petitioner is a Milk Producers'' Cooperative Society, represented by its Chief Executive Officer and second respondent is President of said
society. It is stated by the petitioners that contesting third respondent herein has committed certain acts which called for initiation of disciplinary
proceedings against him. Hence, the Chief Executive Officer of first petitioner - society passed an order on 4.11.2016 in suspending the third
respondent and also issued a show cause notice to him on the same day ie., 4.11.2016 giving him 7 days time to submit his explanation about the
allegations and accusations made against him in the said show cause notice. It is seen that said show cause notice as well as order of suspension
was challenged by third respondent by initiating proceedings before second respondent in Dispute No.AR.44/DIS/02/2016-17, wherein the
application which was filed by him seeking stay of order of suspension was rejected by order dated 23.12.2016.
It is stated that the order passed by second respondent in rejecting the application for stay of the order of suspension was subject matter of
Revision Petition No.93/2016 before the Karnataka Appellate Tribunal (KAT for short), Bengaluru, by third respondent herein, wherein said
revision petition is allowed by judgment dated 23.8.2017 and matter is remanded back to second respondent herein for fresh consideration on the
application filed for stay of the order of suspension. The said judgment passed by KAT in Revision Petition No.93/2016 is subject matter of this
writ petition.
In this proceedings serious allegations were made regarding the documents which are produced in support of writ petition. Hence, to ascertain
correctness or otherwise of the same, original record in Revision Petition No.93/2016 was secured from the Court of KAT. Thereafter, this matter
is heard. After hearing the parties for some time, this Court feel that the order of remand passed by KAT by judgment dated 23.8.2017 cannot be
interfered, inasmuch as same is against the order of rejection of application for stay passed by second respondent. In the fact situation, this Court
also feel that second respondent before whom proceedings in Dispute No.AR.44/DIS/02/2016-17 is remanded, instead of wasting his time on the
application for stay should take up the entire matter and dispose of the same on merits as early as possible.
Accordingly, with aforesaid observations, this writ petition is disposed of. To ensure that there is no further delay in the matter, it is hereby
ordered that the remanded mater shall be called before second respondent on 26.2.2018 and within 90 days there from, the dispute pending
before him shall be disposed of on its merits.