Kerala High Court
Adv.Ajith Prasad.J.K vs The Registrar Of Co-Operative ... on 21 December, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
WP(C) NO. 43181 OF 2023
PETITIONER:
ADV.AJITH PRASAD.J.K
AGED 53 YEARS
S/O. C.JAGAL PRASAD, AJITH NIVAS,
KATTAYIKONAM P.O, THIRUVANANTHAPURAM,,
PIN - 695584
BY ADVS.
BIJU BALAKRISHNAN
V.S.RAKHEE
K.J.GISHA
AJMAL P.
AKSHAYA S.NAIR
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O, THIRUVANANTHAPURAM,
PIN - 695014
2 THE JOINT REGISTRAR (GENERAL)
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THIRUVANANTHAPURAM, PIN - 695014
3 THE ASSISTANT REGISTRAR (GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
OF THE CO-OPERATIVE SOCIETIES, OOTTUKUZHY,
NEAR HOUSING BOARD BUILDING,
THIRUVANANTHAPURAM, PIN - 695001
SMT.SHEEJA C.S-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.43181 Of 2023
2
JUDGMENT
Dated this the 21st day of December, 2023
The petitioner was a Director Board member of Ayiroopara
Farmers Service Co-operative Bank Limited during the period
from 08.01.2017 to 15.10.2018. While so, the petitioner
received information from certain junior staffs of the Bank that,
serious malpractices have been committed by certain senior
staffs of the Bank, by way of taking loans in the name of their
close relatives, disbursing loans without getting sufficient
security etc.
2. Being a responsible person of the Bank, he decided
to conduct an inspection in the accounts of the Bank.
Accordingly, he has attempted to conduct inspection in the
Vavara Ambalam Branch of that Bank. Infuriated by such an act
of the petitioner, the then President, Managing Director and
WP(C) NO.43181 Of 2023
other Director Board members, became at loggerheads with the
petitioner.
3. Later, the 2nd respondent has ordered an inquiry into
the said allegations, as provided under Section 68(1) of the Co-
operative Societies Act and accordingly, a report in that regard
was submitted by the 3rd respondent before 2nd respondent.
4. Now by Ext. P8, the petitioner was also directed to
give explanation against the observations in the report of the 3rd
respondent. Since the petitioner is the person who initially
attempted to unearth the irregularities and malpractices in the
Bank, he is having a separate and independent statement to be
given before the 2nd respondent against Ext.P8 Notice.
Accordingly, the petitioner has given Ext.P9 explanation along
with the documents to substantiate his contentions before the
2nd respondent. Aggrieved by the inaction on the part of the 2 nd
respondent in considering Ext.P9 objection submitted by the
petitioner, the petitioner has now approached this Court seeking
WP(C) NO.43181 Of 2023
to direct the 2nd respondent to consider Ext.P9 explanation
against Ext.P8 notice.
5. Government Pleader entered appearance on behalf
of the respondents and submitted that a hearing is scheduled to
be held on 27.12.2023, on which date the petitioner can present
himself and place the facts indicated in Ext.P9 before the
respondents.
6. Counsel for the petitioner on the other hand would
submit that the petitioner's case stands on a different footing
and the petitioner has independent defence in the matter.
Therefore it would be only just and proper to consider Ext.P9
while finalising the proceedings.
In the facts and circumstances of the case, the writ petition
is disposed of directing the 2nd respondent-Joint Registrar to
consider Ext.P9 objection filed by the petitioner and take
appropriate decision in the matter. While passing orders, the 2nd
WP(C) NO.43181 Of 2023
respondent shall consider the peculiar facts, in which the
petitioner claims to be standing on a different footing.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.43181 Of 2023
APPENDIX OF WP(C) 43181/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REQUEST DT.03-01-2018,
NUMBERED AS 695/2017, OF THE PETITIONER
TO THE BRANCH MANAGER, AYIROOPARA
SERVICE CO-OPERATIVE BANK LTD., VAVARA
AMBALAM BRANCH.
Exhibit P2 TRUE COPY OF THE NOTICE DT.04-01-2018
ISSUED BY THE PRESIDENT, AYIROOPARA
FARMERS SERVICE CO-OPERATIVE BANK LTD.,
Exhibit P3 TRUE COPY OF THE MINUTES OF THE
DIRECTOR BOARD MEETING NO.15/17, HELD
ON 25-01-2018 OF THE AYIROOPARA FARMERS
SERVICE CO-OPERATIVE BANK LTD.,
Exhibit P4 TRUE COPY OF THE MEMO NO.42/17, DT.29-
01-2018 OF THE MANAGING DIRECTOR OF THE
BANK TO THE VAVARA AMBALAM BRANCH
MANAGER/INTERNAL AUDITOR OF THE
AYIROOPARA FARMERS SERVICE CO-OPERATIVE
BANK LTD.,
Exhibit P5 A COPY OF THE STATEMENT DT.20-10-2021
OF MR. S.VIJAYAN, THE THEN BRANCH
MANAGER/INTERNAL AUDITOR OF THE VAVARA
AMBALAM BRANCH OF THE AYIROOPARA
FARMERS SERVICE CO-OPERATIVE BANK LTD.,
BEFORE THE INQUIRY OFFICER UNDER
SECTION 68(1) OF THE CO-OPERATIVE
SOCIETIES ACT.
Exhibit P6 TRUE COPY OF THE STATEMENT DT.07-10-
2021 OF MR. SAJI.A BEFORE THE INQUIRY
OFFICER APPOINTED UNDER SECTION 68(1)
CO-OPERATIVE SOCIETIES ACT
Exhibit P7 TRUE COPY OF THE STATEMENT DT.12-10-
2021 OF MRS. SUMIYA DAS.P.M, JUNIOR
CLERK BEFORE THE INQUIRY OFFICER
APPOINTED UNDER SECTION 68(1) CO-
OPERATIVE SOCIETIES ACT
Exhibit P8 TRUE COPY OF THE NOTICE
NO.C.R.P(1)1149/18, DT.08-12-2023,
WP(C) NO.43181 Of 2023
UNDER SECTION 68 (2) OF THE CO-
OPERATIVE SOCIETIES ACT, BY THE 2ND
RESPONDENT
Exhibit P9 TRUE COPY OF THE EXPLANATION DT.12-12-
2023, SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT AGAINST EXT.
P8 NOTICE
