K.O. Davis vs The State Of Kerala

Citation : 2022 Latest Caselaw 5067 Ker
Judgement Date : 6 May, 2022

Kerala High Court
K.O. Davis vs The State Of Kerala on 6 May, 2022
            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
    FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                     OP(KAT) NO. 120 OF 2022
(Against the order dtd.20.04.2022 in OA No.665/2022 of Kerala
           Administrative Tribunal, Principal Bench at
                         Thiruvananthapuram)
PETITIONER/APPLICANT IN THE OA:

           K.O. DAVIS
           AGED 56 YEARS, S/O.OUSEPH
           ASSISTANT REGISTRAR OF
           CO-OPERATIVE SOCIETIES, (GENERAL) (UNDER
           SUSPENSION), MINI CIVIL STATION,
           CHALAKKUDY - 680 307
           RESIDING AT:
           KOYEKKARA HOUSE,
           ASHTAMICHARA P.O.,
           THRISSUR, PIN - 680731.

           BY ADVS.
           N.ANAND
           RAJESH O.N.



RESPONDENTS/RESPONDENTS IN THE OA:

      1     THE STATE OF KERALA
            DEPARTMENT OF CO-OPERATION,
            SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001
            REPRESENTED BY ITS SECRETARY.
 OP(KAT) No.120 of 2022                 2

        2    THE DIRECTOR OF CO-OPERATIVE AUDIT
             AUDIT DIRECTORATE,
             JAWAHAR SAHAKARANA BHAVAN
             DPI JUNCTION, THYCAUD P.O
             THIRUVANANTHAPURAM, PIN - 695014.

        3    THE REGISTRAR OF CO-OPERATIVE SOCIETIES
             JAWAHAR SAHAKARANA BHAVAN,
             DPI JUNCTION, THYCAUD P.O,
             THIRUVANANTHAPURAM, PIN - 695014

        4    THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
             GENERAL, OFFICE OF THE JOINT REGISTRAR OF CO-
             OPERATIVE SOCIETIES GENERAL,
             CIVIL STATION, AIYYANTHOLE P.O.,
             THRISSUR, PIN - 680 003.


OTHER PRESENT:

            SRI.BIJOY CHANDRAN, SENIOR GOVT. PLEADER.


      THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP
FOR   ADMISSION    ON    06.05.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 OP(KAT) No.120 of 2022                 3


                    DEVAN RAMACHANDRAN &
                         SOPHY THOMAS, JJ.
                   ------------------------------------
                         O.P. (KAT) No.120 of 2022
                   ------------------------------------
                 Dated this the 6th day of May, 2022

                             JUDGMENT

Devan Ramachandran, J.

When this matter was called today, learned counsel for the petitioner submitted that this matter has become infructuous as his client has attained the age of superannuation on 30.04.2022.

2. Sri.Bijoy Chandran, learned Senior Government Pleader submitted that the petitioner's suspension is in force.

In the afore circumstances, we close this original petition, however, leaving open every contention of the petitioner to be pursued in future appropriately at the relevant time.

Sd/-

DEVAN RAMACHANDRAN JUDGE Sd/-

SOPHY THOMAS JUDGE smp OP(KAT) No.120 of 2022 4 APPENDIX OF OP(KAT) 120/2022 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE CIRCULAR DATED 13.07.2017 ISSUED BY RESPONDENT NO. 2 IN CIRCULAR NO. 01/2017 Annexure-A2 TRUE COPY OF THE RELEVANT PORTION OF THE INTERIM REPORT DATED 09.08.2021 OF THE GOVERNMENT APPOINTED HIGH COMMITTEE IN NO. 5353528/2021/O/O DS CO-OPERATION (C) Annexure-A3 TRUE COPY OF THE ORDER DATED 11.08.2021 PASSED BY RESPONDENT NO. 1 IN G.O.(RT) NO. 484/202/CO-OP Annexure-A4 TRUE COPY OF THE COMMUNICATION DATED 13.08.2021 ISSUED BY RESPONDENT NO. 4 TO THE APPLICANT IN NO. JRGTSR/E/165/2021 Annexure-A5 TRUE COPY OF THE CHARGE MEMO AND THE STATEMENT OF ALLEGATIONS DATED 06.10.2021 IN NO. CO-OP/A1/152/2021/CO-OP Annexure-A6 TRUE COPY OF THE REPLY DATED 29.10.2021 SUBMITTED BY THE APPLICANT TO RESPONDENT NO. 1 (THROUGH PROPER CHANNEL) Exhibit-P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.

665 OF 2022 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH Exhibit-P2 TRUE COPY OF THE ORDER DATED 20.04.2022 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH IN O.A. NO. 665 OF 2022 Exhibit-P3 TRUE COPY OF THE REPRESENTATION DATED 20.04.2022 SUBMITTED BY THE PETITIONER TO RESPONDENT NO. 1 Exhibit-P4 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING DISPATCH OF EXT.P3 OP(KAT) No.120 of 2022 5 Exhibit-P5 TRUE COPY OF POSTAL TRACKING RECEIPT EVIDENCING THE SERVICE OF EXT.P3 REPRESENTATION ON RESPONDENT NO. 1 RESPONDENT'S EXHIBITS: NIL.

True Copy P.S to Judge smp