Anitha Raj vs The Benoor Ksheerolpadaka ...
2022 Latest Caselaw 7080 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        WP(C) NO. 7790 OF 2021


PETITIONER:

            ANITHA RAJ, AGED 38 YEARS, W/O. RAJENDRAKUMAR,
            ARDRA BELUR, PERUMBALA P.O. 671 317,
            KALANAD (VIA), KASARAGOD DISTRICT.

            BY ADV M.SASINDRAN


RESPONDENTS:

    1       THE BENOOR KSHEEROLPADAKA SAHAKARANA SANGHAM
            LTD.NO.KG 83(D), APCOS.P.O. PERUMBALAM,
            KALANAD (VIA), KASARAGOD 671 317,
            REPRESENTED BY ITS SECRETARY.

    2       THE BOARD OF DIRECTORS OF THE BENOOR KSHEEROLPADAKA,
            SAHAKARANA SANGHAM LIMITED NO. KG 83 (D), APCOS, P.O.
            PERUMBALAM, KALANAD (VIA), KASARAGOD 671 317,
            REPRESENTED BY ITS PRESIDENT.

    3       THE DISCIPLINARY SUB COMMITTEE, BENOOR KSHEEROLPADAKA,
            SAHAKARANA SANGHAM, LIMITED NO. KG 83 (D), APCOS, P.O.
            PERUMBALAM, KALANAD (VIA), KASARAGOD 671 317,
            REPRESENTED BY ITS CONVENER E RAGHAVAN NAIR.

    4       THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT,
            KANHAND KASARAGOD DISTRICT 671 315.

            BY ADVS.
            V.M.KRISHNAKUMAR
            P.S.SIDHARTHAN
            SMT RESMI THOMAS-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 7790/21
                                      2

                             JUDGMENT

This Court may not require to go into the merits of various

allegations and assertions made in this Writ Petition because, I am

certain that the legal issues impelled in this case stand covered by

the judgment of the learned Division Bench of this Court in

Kodanchery Service Co-operative Bank Ltd & Others v. Johny

Varghese & Others (2020 KHC 5394).

2. I have heard Sri.M.Sasindran - learned counsel for the

petitioner; Smt.Maya M., representing the learned Standing Counsel

for respondents 1 and 2 and the learned Government Pleader -

Smt.Resmi Thomas, appearing for the 4th respondent.

3. Sri.M.Sasindran - learned counsel for the petitioner,

asserts that Ext.P1 Memo of Charges had been issued to his client

by the Disciplinary Sub Committee appointed under the provisions

of Rule 198 of the Kerala Co-operative Societies Rules (hereinafter

referred to as 'KCS Rules for short) and that, therefore, the same is

incompetent going by Kodanchery Service Co-operative Bank Ltd

(supra).

4. In response, Smt.M.Maya submitted that the petitioner WPC 7790/21

has voluntarily participated in the enquiry proceedings and cannot,

therefore, turn around now and say that the Charge Memo itself is

bad. She, therefore, prayed that this Writ Petition be dismissed.

5. I must say that I find substantial force in the

submissions of Sri.M.Sasindran because, this Court has already

declared in the afore judgment that a Charge Memo can only be

issued by the Managing Committee and not by any other Authority,

including its President.

In the afore circumstances, without entering into the merits of

any other contentions, I set aside Exts.P8 and P11; however,

leaving full liberty to the respondent - Society to initiate any

action against the petitioner as may be available to them in law,

subject to the rigour of limitation and such other statutory

restrictions.

Needless to say, all consequential benefits eligible to the

petitioner shall be made available to her as expeditiously as is

possible, but not later than one month from today.

Sd/-

RR                                                 DEVAN RAMACHANDRAN
                                                       JUDGE
 WPC 7790/21


                 APPENDIX OF WP(C) 7790/2021

PETITIONER EXHIBITS
EXHIBIT P1          A TRUE COPY OF THE CHARGE MEMO DATED
                    14.11.2018.
EXHIBIT P1 (A)      A TRUE COPY OF THE ADDITIONAL CHARGE MEMO
                    DATED 26.01.2019.
EXHIBIT P2          A TRUE COPY OF THE REPLY DATED 24.11.2018

SUBMITTED BY THE PETITIONER TO TH CHARGE MEMO.

EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 11.12.2018 ISSUED BY V.P. PUSHPANGADAN, THE DOMESTIC ENQUIRY OFFICER.

EXHIBIT P4 A TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE CONVENER OF THE DISCIPLINARY COMMITTEE, BEFORE THE ENQUIRY OFFICER. EXHIBIT P5 A TRUE COPY OF THE ENQUIRY REPROT SUBMITTED BY SRI.P.V. PUSHPANADHAN, THE ENQUIRY OFFICER.

EXHIBIT P6 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.09.2019.

EXHIBIT P7 A TRUE COPY OF THE REPLY DATED 26.09.2019 SUBMITTED BY THE PETITIONER TO THE SUB COMMITTEE.

EXHIBIT P8 A TRUE COPY OF THE ORDER OF DISMISSAL DATED 03.10.2019.

EXHIBIT P9 A TRUE COPY OF THE COVER IN WHICH THE EXT. P8 HAS BEEN SENT.

EXHIBIT P10 A TRUE COPY OF THE APPEAL DATED 23.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE MANAGING COMMITTEE.

EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 29.01.2020 ALONG WITH THE RESOLUTION NO. 4/1 DATED 29.01.2020 OF THE MANAGING COMMITTEE, THE 2ND RESPONDENT.