Shajna K vs The Mukkom Service Co-Operative ...
2022 Latest Caselaw 1397 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                 ST
   TUESDAY, THE 1   DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943

                    WP(C) NO. 3352 OF 2022

PETITIONER/S:

           SHAJNA K.
           AGED 35 YEARS
           D/O.USSAIN,
           ULLATTIL HOUSE,
           POTTASSERI, MANASSERI P.O.,
           KOZHIKODE - 673 602.


           BY ADV P.P.JACOB

RESPONDENT/S:

    1      THE MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.F 1241
           MANASSERY, MUKKOM, KOZHIKODE - 673 602,
           REPRESENTED BY ITS SECRETARY.
    2      THE BOARD OF DIRECTORS OF THE MUKKOM SERVICE
           CO-OPERATIVE BANK LTD.NO.F 1241
           MUKKOM, KOZHIKODE - 673 602,
           REPRESENTED BY ITS PRESIDENT.
    3      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
           KOZHIKODE,
           OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
           PUTHIYARA, KOZHIKODE - 673 004.


           SRI ARUN AJAY SHANKER GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3352 OF 2022


                                        2


                                  JUDGMENT

Under Challenge in this writ petition is Exhibit P5 order issued by the

then Administrative Committee, as per which the petitioner as well as two

others, who were appointed as per Exhibit P4 order were terminated from

service.

2. Sri P.P. Jacob, the learned counsel contends that six persons were

terminated by the impugned order. Being aggrieved by the very same order,

certain Smt Suhana T.T. and Sri Deepak Lal, had approached this Court and

had filed W.P.(C.) No. 18074/2021. By Exhibit P6 judgment dated 07.09.2021,

learned Single Judge of this Court after considering the entire facts and

circumstances, quashed the order of termination and remitted back the matter

for fresh consideration with notice to the petitioners therein.

3. The judgment was challenged in appeal and W.A. No. 1250/2021

was preferred by the petitioners therein. While the Writ Appeal was pending

consideration of this Court, the term of the Administrative Committee which

passed the impugned order expired and the charge was handed over to the

elected Managing Committee. Smt. C. D. Soumiya, the learned Standing WP(C) NO. 3352 OF 2022

Counsel appearing for the Co-Operative Bank based on instructions received

from the Managing Committee submitted before the Division Bench that the

committee was on the firm opinion that there was no necessity to terminate

the service of the appellants in the writ appeal. Though various opportunities

were granted to the Joint Registrar of Co-operative Societies to furnish

instructions with regard to irregularities alleged by the Administrative

Committee, the same was not responded to. The submission was recorded and

the appeal was disposed of directing the Mukkom Service Co-operative Bank

Ltd. to deal with the matter in accordance with law.

4. Sri. P. P. Jacob, the learned counsel appearing for the petitioner

submits that the petitioner in this writ petition is also entitled to the very same

relief and the issue is covered in favour of the petitioner.

5. Smt. C. D. Soumiya, the learned Standing Counsel appearing for the

1st respondent submits that the Managing Committee is of the view that there

is no necessity to terminate the petitioner from service.

6. In that view of the matter, the observations made by the Division

Bench of this Court in Ext. P7 judgment would apply to the petitioner herein as

well.

WP(C) NO. 3352 OF 2022

In that view of the matter Ext. P5 will stand quashed and there will be a

direction to the 1st respondent to consider the matter in terms of the

directions issued by the Division Bench in W.A. No. 1250/2021 and to take a

decision in accordance with the law.

With these directions and observations, this writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 3352 OF 2022

APPENDIX OF WP(C) 3352/2022

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE NOTIFICATION ISSUED IN MALAYALAM MANORAMA DAILY DATED 19/4/2019.

Exhibit P2 TRUE PHOTOCOPY OF THE INTERIM ORDER IN JUDGMENT IN WP(C) 22066/2019 DATED 13/8/2019 WITH TYPED COPY.

Exhibit P3 TRUE PHOTOCOPY OF THE INTERIM ORDER IN JUDGMENT IN WP(C) 29977/2019 DATED 7/11/2019 WITH TYPED COPY.

Exhibit P4 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE PRESIDENT OF THE SOCIETY DATED 29/5/2020.

Exhibit P5 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT COMMITTEE DATED 25/8/21 OF THE FIRST RESPONDENT.

Exhibit P6 TRUE PHOTOCOPY OF THE JUDGMENT WP(C) 18074/21 DATED 7/9/21.

Exhibit P7 TRUE PHOTOCOPY OF THE JUDGMENT IN W.A.NO.1250/2021 DATED 25/1/2022.