Officer Posted 'In-Charge' Of A Post Can Discharge Its Statutory Functions: Karnataka High Court Reiterates

The Karnataka High Court has recently said that an officer posted as in-charge of a post can discharge the functions/duties of the said post, including statutory functions. Justice C M Poonacha held thus while dismissing a plea by Prakash Ramachandra Hegde, who had questioned the order of Assistant Registrar Co-Operative Societies, Kumta, who being the officiating/in-charge officer had on November 27 stayed the order of disqualification of one Vivek Subraya Bhat. The bench noted that Section 106 of the Karnataka Co-Operative Societies Act stipulates that an appeal shall lie against an order passed under Section 29 of the Act. The court placed reliance on Supreme Court judgment in the case of Gopalji Khanna vs. Allahabad Bank and Others, wherein the Supreme Court was considering whether the power of review was available to the Chairman and Managing Director of the Allahabad Bank under the regulations pertaining to the Bank and whether the power could have been exercised by the Executive Director who, in the absence of the Chairman and Managing Director was entrusted with the current charge of the duties of the office of the Chairman and Managing Director.