P.S.Dinilkumar vs Kayippuram Service Co-Operative ...
2022 Latest Caselaw 6471 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944

                             WP(C) NO. 34885 OF 2019

PETITIONER:

               P.S.DINILKUMAR
               AGED 46 YEARS
               S/O. N.SUKUMARAN, ACCOUNTANT (NOW TERMINATED FROM THE SERVICE),
               KAYIPPURAM SERVICE CO-OPERATIVE BANK LTD NO.1300,MUHAMMA P.O.,
               CHERTHALA, ALAPPUZHA-688 525, RESIDING AT PUTHVAL VEEDU,
               KAYIPPURAM, MUHAMMA P.O., CHERTHALA, ALAPPUZHA-688 525

               BY ADVS.
               P.B.SAHASRANAMAN
               SRI.T.S.HARIKUMAR



RESPONDENTS:

     1         KAYIPPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 1300
               MUHAMMA.P.O., CHERTHALA, ALAPPUZHA-688 525,REP BY ITS PRESIDENT

     2         THE CHAIRMAN,
               DISCIPLINARY SUB COMMITTEE,KAYIPPURAM SERVICE CO-OPERATIVE BANK
               LTD NO.1300,MUHAMMA P.O., CHERTHALA, ALAPPUZHA-688 525,

               BY ADVS.
               SRI.J.OM PRAKASH
               SRI.T.G.SUNIL (PRANAVAM)
               SRI.C.X.ANTONY BENEDICT




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34885 OF 2019

                                     2




                             JUDGMENT

Even though there are various assertions, allegations and

averments made and urged in this writ petition, when this matter

was called today, after arguing for some time, Sri. P.B.Sahasranaman

- the petitioner's learned counsel, confined his plea that the

statutory Appeal preferred by his client on 11.12.2019 and pending

before the 2nd respondent - Managing Committee of the Society, be

directed to be taken up and disposed within a time frame to be fixed

by this Court.

2. Sri.J.Om Prakash - learned counsel appearing for the

respondents, did not oppose this plea and he affirmed that the afore

appeal has been received by his client; however, praying that this

Court may not make any affirmative declarations in favour of the

petitioner and leave it to the competent Authority to decide the

appeal on its merits as per law.

Taking note of the afore submissions, I order this writ petition

to the limited extent of directing the 2 nd respondent to take up the

aforementioned appeal and dispose of the same, after affording an

opportunity of being heard to the petitioner; thus culminating in an

appropriate order and necessary action thereon, as expeditiously as is

possible but not later than one month from the date of receipt of a WP(C) NO. 34885 OF 2019

copy of this judgment.

Needless to say, all the rival contentions of the parties are left

open to be pursued by them appropriately during the afore exercise;

and I further clarify that this Court has not entered into its merits in

any manner whatsoever.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 34885 OF 2019

APPENDIX OF WP(C) 34885/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER, DATED 17.05.2018

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE ORDER OF SUSPENSION ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT, DATED 28.05.2018

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE MEMO OF CHARGES ISSUED TO THE PETITIONER BY THE CHAIRMAN OF THE COMMITTEE, DATED 09.07.2018

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER ON 11.07.2018

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE ENQUIRY REPORT,DATED 15.11.2019

EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE CHAIRMAN OF THE SUBCOMMITTEE FOR DISCIPLINARY PROCEEDINGS, DATED 16.11.2019

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER ON 20.11.2019

EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE ORDER OF TERMINATION ISSUED BY THE CHAIRMAN OF THE SUB COMMITTEE FOR DISCIPLINARY PROCEEDINGS DATED 23.11.2019