Biju M. Jacob vs Nedungapra Service Co-Operative ...
2021 Latest Caselaw 22958 Ker

WP(C) No.26093/2021                        1/3




                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT
                          THE HONOURABLE MR. JUSTICE AMIT RAWAL
           Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943
                             WP(C) NO. 26093 OF 2021(J)
   PETITIONER:

          BIJU M. JACOB, INTERNAL AUDITOR, NEDUNGAPRA SERVICE CO-OPERATIVE
          BANK LTD. E. 135, NEDUNGAPARA P.O, ERNAKULAM- 683 545.

   RESPONDENTS:

      1. NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD.E. 135, REPRESENTED BY
         SECRETARY, NEDUNGAPRA P.O, ERNAKULAM -683 545.
      2. THE CONCURRENT AUDITOR, MUDAKKUZHA SERVICE CO-OPERATIVE BANK,GROUP
         OFFICE OF THE ASSISTANT DIRECTOR OF CO-OPERATIVE AUDIT, KUNNATHUNAD,
         PERUMBAVOOR, ERNAKULAM- 683 542.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further steps pursuant to Ext.P7, pending disposal of
   the Writ Petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.P.N.MOHANAN, AMRUTHA SURESH & C.P.SABARI, Advocates for the
   petitioner, the court passed the following:-




                P.T.O.
 WP(C) No.26093/2021                            2/3




                                      AMIT RAWAL, J
                                     -----------------------

W.P. (C) No.26093 of 2021

----------------------

Dated this the 23rd day of November, 2021

Inter alia alleges that the respondent is a Primary

Society and therefore the requirement of equivalent

certificate, as indicated vide Ext.P7, of graduation from

Manonmaniam Sundaranar (MS) University, Thirunelveli

as per the judgment Ext.P6 by interpreting the provisions

of Rule 186(1) of Kerala Co-operative Societies Rules is

not a mandatory requirement of law.

Issue notice before admission by speed post. In the

meantime the operation of the order with regard to the

refund of the salary and benefits paid to the petitioner, is

ordered to be stayed.

Sd/-

                                                     AMIT RAWAL
                                                       JUDGE

            VV




23-11-2021                       /True Copy/                    Assistant Registrar
 WP(C) No.26093/2021                 3/3

                       APPENDIX OF WP(C) 26093/2021
Exhibit P6            A TRUE COPY OF THE JUDGMENT DATED 07.02.2020 IN WP.C
                      NO. 71/2018
Exhibit P7            A TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED

16.11.2021 ALONG WITH ENGLISH TRANSLATION.