Baby Sujatha K vs The Kumbala Service Cooperative ...
2022 Latest Caselaw 11306 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                       WP(C) NO. 36477 OF 2022


PETITIONER:

          BABY SUJATHA K., ASSISTANT SECRETARY,
          THE KUMBALA SERVICE CO-OPERATIVE BANK LTD. NO.C 324,
          KUMBALA P.O, KASARAGOD DISTRICT - 671 321.

          BY ADVS.
          P.N.MOHANAN
          C.P.SABARI
          AMRUTHA SURESH
          GILROY ROZARIO


RESPONDENTS:

    1     THE KUMBALA SERVICE COOPERATIVE BANK LTD.NO.C 324,
          REPRESENTED BY ITS SECRETARY, KUMBALA P.O,
          KASARAGOD DISTRICT - 671 321.

    2     THE MANAGING COMMITTEE OF THE KUMBALA
          SERVICE CO-OPERATIVE BANK LTD. NO.C 324,
          REPRESENTED BY ITS PRESIDENT, KUMBALA P.O,
          KASARAGOD DISTRICT - 671 321.

          BY ADVS.
          T.MADHU
          C.R.SARADAMANI
          SHAHID AZEEZ
          RENJISH S. MENON
          SRI.T.MADHU -R


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 36477/22
                                        2

                             JUDGMENT

The petitioner has approached this Court impugning Exts.P13

and P15, through which, she has been demoted as a Branch

Manager, from the post of Assistant Secretary, without any

disciplinary action being initiated or completed against her. She

has a specific case that the Secretary of the Society has no

jurisdiction to issue these orders and hence, that they are liable to

be set aside by this Court, as being illegal and unlawful.

2. The afore submissions of the petitioner, as made by her

learned counsel - Sri.P.N.Mohanan, were opposed by Sri.T.Madhu

- learned counsel for the respondents, saying that Ext.P6 would

clearly show that acts of gross indiscipline have been found against

the petitioner. He added that the petitioner's conduct and

demeanor were such that it was not possible to allow her to

occupy the post of Assistant Secretary anymore and that it is only,

therefore, that Exts.P13 and P15 have been issued.

3. Even when I hear Sri.T.Madhu on the afore lines, law is

well settled that a person can be demoted to a lower post only if

compelling reasons are shown, and that too on the basis of an WPC 36477/22

enquiry which is validly done as per the imperative procedure.

4. In the case at hand, there is not even a whisper from

the side of the respondents that they had conducted any such

enquiry or that the petitioner has been found guilty for any act of

misconduct or misdemeanor.

5. I am, therefore, firm in my mind that Exts.P13 and P15

cannot find my favour and that same requires to be set aside.

Resultantly, I allow this Writ Petition and set aside Exts.P13

and P15; however, clarifying that this does not mean that the

Society is incompetent to initiate action against the petitioner on

valid grounds and that they are at liberty to do so; however,

following due procedure and after affording her necessary

opportunity.

Needless to say, all consequences pursuant to the afore

declarations shall flow to the petitioner forthwith.

Sd/-

RR                                             DEVAN RAMACHANDRAN
                                                     JUDGE
 WPC 36477/22


                APPENDIX OF WP(C) 36477/2022

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE SENIORITY LIST

PUBLISHED BY THE BANK AS ON 01.05.2022 . Exhibit P2 A TRUE COPY OF THE MEDICAL DISCHARGE SUMMARY OF THE PETITIONER DATED 20.09.2022.

Exhibit P3 A TRUE COPY OF THE MEDICAL DISCHARGE SUMMARY OF THE PETITIONER'S HUSBAND DATED 25.01.2021.

Exhibit P4 A TRUE COPY OF THE LETTER DATED 30.04.2022 OF THE SECRETARY .

Exhibit P5 A TRUE COPY OF THE LETTER DATED 30.04.2022 OF THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE ORDER DATED 30.04.2022 OF THE SECOND RESPONDENT .

Exhibit P7 A TRUE COPY OF THE ORDER DATED 23.05.2022 OF THE FIRST RESPONDENT Exhibit P8 A TRUE COPY OF THE LETTER DATED 27.05.2022 OF THE SECOND RESPONDENT . Exhibit P9 A TRUE COPY OF THE LETTER DATED 28.05.2022 OF THE PETITIONER.

Exhibit P10 A TRUE COPY OF THE ORDER DATED 30.05.2022 OF THE SECOND RESPONDENT .

Exhibit P11 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27.07.2022 OF THE FIRST RESPONDENT. Exhibit P12 A TRUE COPY OF THE EXPLANATION DATED 04.08.2022 OF THE PETITIONER.

Exhibit P13 A TRUE COPY OF THE ORDER DATED 16.08.2022 OF THE SECRETARY .

Exhibit P14 A TRUE COPY OF THE PETITION DATED 10.06.2022 SUBMITTED BEFORE THE JOINT REGISTRAR.

Exhibit P15 A TRUE COPY OF THE NOTICE DATED 09.09.2022 OF THE FIRST RESPONDENT .

Exhibit P16 A TRUE COPY OF THE REPLY DATED 12.09.2022 SUBMITTED BY THE THE SECOND RESPONDENT.