Saraswathi P vs State Of Kerala
2021 Latest Caselaw 22467 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        WP(C) NO. 8337 OF 2021
PETITIONER:

          SARASWATHI P.
          AGED 41 YEARS
          W/O. SREEKUMAR,
          PONNEDATH,
          KIZHAKKEPPURAM,
          PARAVOOR P.O - 683 513, ERNAKULAM DISTRICT.

          BY ADV SRI. M. SASINDRAN
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF CO-OPERATION,
          SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          THRISSUR - 683 001.
    3     THE KANDAMKULAM KSHEEROLPADAKA SAHAKARANA SANGHAM,
          LTD.NO.R61(D),
          P.O. METHALA - KODUNGALLOOR,
          THRISSUR - 680 669.
    4     THE DISCIPLINARY SUB COMMITTEE,
          KANDAMKULAM KSHEEROLPADAKA SAHAKARANA SANGHAM
          LTD.NO.R61 (D),
          P.O. METHALA - KODUNGALLOOR,
          THRISSUR - 680 669,
          REPRESENTED BY ITS CONVENER.
    5     THE MANAGING COMMITTEE,
          KANDAMKULAM KSHEEROLPADAKA SAHAKARANA SANGHAM
          LTD.NO.R61(D), P.O. METHALA - KODUNGALLOOR,
          THRISSUR - 680 669,
          REPRESENTED BY ITS PRESIDENT.
          BY ADVS.
          R3 - R5 - SRI. B. ASHOK SHENOY
          SRI. P.S. GIREESH
          SRI. ARJUN R. NAIK
          R1 & R2 - SRI. JIMMY GEORGE - GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8337 OF 2021

                                  2




                              JUDGMENT

The petitioner while working as the Secretary of the 3 rd

respondent Society was terminated from service by Ext.P8

order passed by the 4th respondent. Contending that the

termination from service is made without any enquiry as

contemplated in law, the petitioner has preferred Ext.P9

appeal before the 5th respondent.

2. This writ petition is filed challenging Ext.P8 order

of termination. It is submitted by the learned counsel for the

3rd respondent that Ext.P9 appeal has been allowed, setting

aside Ext.P8 order of termination and ordering a fresh

enquiry.

3. The writ petition is therefore disposed of with a

direction to respondents 3 and 4 to finalise the enqiury, within

a period of three months, following all procedures as

contemplated by law. Needless to say, the petitioner shall

also co-operate with the enquiry. WP(C).No.8337 OF 2021

With regard to the payment of subsistence allowance

during the period the petitioner was kept under suspension,

the petitioner can approach the appropriate Authority with

application and the said Authority shall consider the same,

within a period of one month from the date of receipt of

request for subsistence allowance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.8337 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 18.05.2020 ISSUED TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT SOCIETY. EXHIBIT P3 A TRUE COPY OF THE REPLY TO EXHIBIT P2.

EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED 08.09.2020.

EXHIBIT P5 A TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 20.09.2020.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 09.11.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE REPLY FURNISHED BY THE PETITIONER DATED 18.11.2020. EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 30.11.2020.

EXHIBIT P9 A TRUE COPY OF THE STATUTORY APPEAL DATED 06.01.2021.

     RESPONDENTS'S EXHIBITS:    NIL.