M.K.Devadas vs The District Collector And ...
2022 Latest Caselaw 1053 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                      WP(C) NO. 2154 OF 2021
PETITIONER:

            M.K.DEVADAS
            AGED 64 YEARS
            S/O M.A.KRISHNAN, RESIDING AT MATTAMMAL SREEHARI,
            NETTOOR P.O.ERNAKULAM-682 040.
            BY ADVS.
            P.N.MOHANAN
            SRI.C.P.SABARI
            SMT.AMRUTHA SURESH


RESPONDENTS:
    1    THE DISTRICT COLLECTOR AND PRESIDENT (EX-OFFICIO)
         INDIAN RED CROSS SOCIETY, DISTRICT BRANCH,
         ERNAKULAM, COLLECTORATE, KAKKANAD,
         ERNAKULAM-682 030.
    2    THE CHAIRMAN,
         INDIAN RED CROSS SOCIETY, KERALA STATE BRANCH,
         NEAR GENERAL HOSPITAL, VANCHIYOOR P.O
         THIRUVANANTHAPURAM-695 035.
    3    THE CHAIRMAN,
         INDIAN RED CROSS SOCIETY, DISTRICT BRANCH,
         ERNAKULAM, GENERAL HOSPITAL CAMPUS,
         ERNAKULAM-682 011.
         BY ADVS.
         SRI.G.SREEKUMAR (CHELUR)
         SRI.BABU JOSEPH KURUVATHAZHA
         SRI.M.G.SREEJITH

            SMT PARVATHY KOTTOOL,GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   27.01.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 2154 OF 2021              2




                            JUDGMENT

Dated this the 27th day of Janaury, 2022

The petitioner, who is an elected member and Honorary

Treasurer of the Indian Red Cross Society (IRCS), Ernakulam

District Branch, has approached this Court seeking to call for

the entire minutes of the meeting dated 02.07.2020 of the

Managing Committee of the IRCS, Ernakulam Branch,

scheduled and conducted as per Ext.P13 notice, forthwith, by

issuing a direction to the 3rd respondent to produce the same

and stay the operation of all the decisions taken in such

meeting held on 02.07.2020.

2. The petitioner alleges that on 22.12.2019, the 3 rd

respondent-Chairman proceeded to move against the

petitioner on the basis of some alleged complaints and a no

confidence motion. The petitioner complained and the District

Collector/President intervened in the matter and a meeting

was called on 25.01.2020. The 3 rd respondent subsequently

called another meeting on 02.07.2020 with the Administrative

Officer and Public Information Officer of the Kerala State

Branch also as attendees. In the meeting, the petitioner was

removed from the post of Honorary Treasurer and another

person was elected for holding the said post.

3. Thereafter, Ext.P18 show-cause notice and Ext.P19

communication dated 05.08.2020 was served on the petitioner

stating that the petitioner has ceased to be the Honorary

Treasurer of the IRCS, Ernakulam District Branch with effect

from 02.07.2020 retrospectively. The petitioner is aggrieved by

the action of the Managing Committee.

4. The petitioner stated that Chapter VI of Ext.P1 Rules

and P1(A) deal with the Rules for management of IRCS District

Branches. There is no provision for removing a Honorary

Treasurer from the post or to take any disciplinary action

against the Treasurer. There is no provision in the Rules for

authorising the 3rd respondent to issue a show-cause notice to

the Treasurer. Ext.P18 show-cause notice and Ext.P19

communication are therefore illegal and arbitrary. The petitioner

has not resigned from the post of the Treasurer. The 3 rd

respondent has acted unilaterally and illegally.

5. The 3rd respondent filed a counter affidavit. The 3rd

respondent controverted all the allegations made by the

petitioner in the writ petition. The 3 rd respondent pointed out

that in the meeting convened on 02.07.2020, 22 members of

the Managing Committee participated and the petitioner was

also present in the meeting. Ext.R3(f) Minutes would show that

the petitioner has expressed his desire to cease to be the

Honorary Treasurer. It was based on the desire expressed by

the petitioner that the meeting held on 02.07.2020 elected

another Treasurer. The petitioner participated in the meeting of

the Managing Committee held on 02.07.2020. The petitioner

cannot now turn around and say that he has not resigned from

the meeting.

6. The 3rd respondent further pointed out that even in the

affidavit filed by the petitioner before this Court on 25.01.2022,

the petitioner has held in approval in Ext.R3(f) minutes of the

meeting held on 02.07.2020. The entire documents produced in

the pleadings would show that the petitioner did actually resign

and another Treasurer was elected in the presence of the

petitioner in the meeting held on 02.07.2020. The story now put

forth by the petitioner is only an afterthought.

7. The learned counsel for the 3rd respondent pointed

out that the meeting evidenced by Ext.R3(f) was on

02.07.2020. If the petitioner had any dispute regarding the

Minutes of the Meeting, he should have taken up the matter at

the earliest point of time. The petitioner made Ext.P22

complaint only after about three months. Even thereafter, the

petitioner remained idle and the writ petition was filed only on

25.01.2021. This itself is sufficient to doubt the veracity of the

statements made by the petitioner.

8. The learned Standing Counsel for the 2 nd

respondent submitted that in the ordinary course, resignation of

any of the members of the Managing Committee should be in

writing. There is no resignation letter submitted by the

petitioner. The 2nd respondent submitted that the petitioner has

filed Ext.P22 complaint before the Chairman of the 2 nd

respondent. In view of the provisions contained in Chapter

1(b), the 2nd respondent has supervisory jurisdiction over the

District Unit. Chapter II(h) as well as Chapter III(G) gives ample

power to the 2nd respondent to enquire into such matters and

take appropriate action. Since the petitioner has submitted

Ext.P22, the 2nd respondent can consider the same, if this

Court so directs.

9. Heard the learned counsel for the petitioner, the

learned Government Pleader for the 1 st respondent and the

learned Standing Counsel for respondents 2 and 3.

10. The material point in dispute in this writ petition is

the alleged resignation submitted by the petitioner and election

of another Honorary Treasurer in substitution, in the Managing

Committee meeting held on 02.07.2020. Ext.R3(f) Minutes

produced by the 3rd respondent would show that a Managing

Committee meeting was held, that the petitioner expressed his

desire to resign from the post and that the Managing

Committee thereupon elected another Honorary Treasurer.

11. The learned counsel for the petitioner would,

however, stoutly deny the contents of Ext.R3(f) and would

submit that the petitioner has not expressed his desire to

resign from the post. The Minutes have been written in an

arbitrary manner. The contents of Ext.R3(f) are not correct at

all. The petitioner has therefore filed Ext.P22 complaint before

the 2nd respondent.

12. The learned counsel for the 3 rd respondent would,

however, refer to Ext.R3(f) and would submit that the pleadings

available in the writ petition would show that the stand taken by

the petitioner now is only an afterthought.

13. As the issue involved is a seriously disputed question

of fact, this Court is of the view that it will not be proper for this

Court to adjudicate the dispute at this stage. Since the

petitioner has submitted Ext.P22 representation to the 2 nd

respondent, it would be only proper that the 2 nd respondent to

consider Ext.P22 at least at the first instance.

14. Accordingly, the writ petition is disposed of directing

the 2nd respondent to consider Ext.P22 complaint submitted by

the petitioner and take a decision thereon, after giving an

opportunity of hearing to the petitioner as well as the 3 rd

respondent. Such opportunity of hearing can be through online

mode also. As the tenure of the Managing Committee is set to

expire on 09.02.2022, the 2nd respondent shall strive to hear

the parties and pass orders on or before 09.02.2022 positively.

15. The learned counsel for the 2nd respondent submits

that an online hearing can be arranged on 03.02.2022 at 4.30

p.m. The 2nd respondent will be at liberty to choose the online

platform and communicate the matter to the petitioner and the

3rd respondent.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 2154/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE UNIFORM RULES FRAMED FOR THE STATE BRANCHES/UT & DISTRICT BRANCHES OF THE IRCS, APPROVED BY THE PRESIDENT OF IRCS, NATIONAL HEAD QUARTERS W.E.F 19.8.2009 ALONG WITH THE COVERING LETTER DATED 30.11.2020 OF THE ADMINISTRATOR, IRCS, KERALA STATE BRANCH.

EXHIBIT P1 (A) A TRUE COPY OF THE RULES FRAMED FOR THE ERNAKULAM DISTRICT BRANCH OF THE IRCS AS PER RULE 1 (B) OF CHAPTER VI OF EXT P1 RULES EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS DATED 9.2.2019 ISSUED BY THE RETIRING OFFICER TO ELECTION OF ERNAKULAM DISTRICT BRANCH IRCS.

EXHIBIT P3 A TRUE COPY OF NOTICE DATED 23.12.2019 FOR MANAGING COMMITTEE MEETING ISSUED BY THE THIRD RESPONDENT EXHIBIT P4 A TRUE COPY OF THE EMAIL LETTER DATED 23.12.2019 SENT BY THE PETITIONER TO THE THIRD RESPONDENT EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 27.12.2019 SENT BY THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE PETITION DATED 3.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE PETITION DATED 7.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 13.1.2020 ISSUED BY THE FIRST RESPONDENT TO CONVENE THE MEETING ON 17.1.2020 EXHIBIT P9 A TRUE COPY OF THE EMAIL DATED 16.1.2020 SEND BY THE FIRST RESPONDENT TO THE OFFICIAL EMAIL ID OF THE IRCS, EKM BRANCH

EXHIBIT P10 A TRUE COPY OF THE COMPLAINT DATED 20.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE ADMINISTRATOR, IRCS, KERALA BRANCH EXHIBIT P11 A TRUE COPY OF THE REPLY DATED 23.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT EXHIBIT P12 A TRUE COPY OF THE MINUTES OF THE MEETING DATED 25.1.2020 OF THE MANAGING COMMITTEE, IRCS, EKM BRANCH EXHIBIT P13 A TRUE COPY OF THE NOTICE DATED 23.6.2020 ISSUED BY THE THIRD RESPONDENT TO CONVENE THE MANAGING COMMITTEE MEETING ON 2.7.2020 EXHIBIT P14 A TRUE COPY OF PETITION DATED 14.7.2020 SUBMITTED BY THE PETITIONER BEFORE THE STATE CHAIRPERSON, IRCS, KERALA STATE BRANCH.

EXHIBIT P15 A TRUE COPY OF THE REQUEST DATED 17.7.2020 SUBMITTED THROUGH MAIL TO THE MANAGER, SBI ERNAKULAM BRANCH EXHIBIT P16 A TRUE COPY OF THE REQUEST DATED 21.7.2020 SUBMITTED BY THE PETITIONER TO THE MANAGER, ERNAKULAM DISTRICT CO-

OPERATIVE BANK LTD EXHIBIT P17 A TRUE COPY OF THE REQUEST DATED 22.7.2020 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P18 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 3.8.2020 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER EXHIBIT P19 A TRUE COPY OF THE LETTER DATED 5.8.2020 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER EXHIBIT P20 A TRUE COPY OF THE REPLY DATED 11.8.2020 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT EXHIBIT P21 A TRUE COPY OF THE ORDER DATED 28.9.2020 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER EXHIBIT P22 A TRUE COPY OF THE COMPLAINT DATED 7.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN, IRCS, KERALA STATE BRANCH

Exhibit P23 A TRUE COPY OF THE RESIGNATION LETTER OF SAID MR.VIDYADHARAN.P.MEMON DATED 27.11.2021.

RESPONDENT'S EXHIBITS

EXT.R3(A) TRUE COPY OF COMPLAINT DATED 16.04.2019 SUBMITTED BY THE FORMER CHAIRMAN EXT.R3(B) TRUE COPY OF LETTER DATED 18.04.2019 SUBMITTED BY THE FORMER CHAIRMAN EXT.R3(C) TRUE COPY OF COMPLAIN DATED 29.04.2018 AGAINST THE PETITIONER EXT.R3(D) TRUE COPY OF NON-CONFIDENCE MOTION DATED 22.11.2019 AGAINST THE PETITIONER EXT.R3(E) TRUE COPY OF COMPLAINT DATED 02.12.2019 AGAINST THE PETITIONER EXT.R3(F) TRUE COPY OF MINUTES OF MANAGING COMMITTEE MEETING HELD ON 02.07.2020