V.Viswakumar vs Peroorkada Service Co-Operative ...
2023 Latest Caselaw 1863 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         WP(C) NO. 25785 OF 2022
PETITIONER:

            V.VISWAKUMAR
            LATHA BHAVAN, MGRA 4, MAIN GATE, NALANCHIRA P.O,
            THIRUVANANTHAPURAM - 695 015.
            BY ADVS.
            P.N.MOHANAN
            C.P.SABARI
            AMRUTHA SURESH
            GILROY ROZARIO


RESPONDENTS:

     1      PEROORKADA SERVICE CO-OPERATIVE BANK LTD. NO. 1412,
            REPRESENTED BY ITS SECRETARY,
            PEROORKKADA P.O,
            THIRUVANANTHAPURAM - 695 005.
     2      THE MANAGING COMMITTEEOF PEROORKADA SERVICE CO-
            OPERATIVE BANK LTD.NO.1412,
            REPRESENTED BY ITS PRESIDENT,
            PEROORKKADA P.O,
            THIRUVANANTHAPURAM - 695 005.
     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25785 OF 2022


                                -2-

                   Sathish Ninan, J.
            ==============================
               W.P.(C) No.25785 of 2022
              ==========================
       Dated this the 01st day of February, 2023

                           JUDGMENT

The petitioner retired from the services of

the 1st respondent Society on 31.05.2021, as

Secretary. Though on 30.04.2021, he was suspended

from service alleging shortage in stock in the

Neethi Medical Store, he was reinstated on the

forenoon of 31.05.2021 and was permitted to

retire in the afternoon.

2. On 30.07.2022, that is after a period of

more than one year, he was served with Ext.P3

memo of charges proposing disciplinary action for

the alleged dereliction noticed above. The same

is under challenge in this writ petition. The

petitioner also seeks disbursal of his retirement

benefits.

WP(C) NO. 25785 OF 2022

3. In spite of service of notice on the

respondents by special messenger there is no

appearance. Heard Sri.C.P.Sabari, learned counsel

for the petitioner.

4. As noticed above, the petitioner retired

from the services of the 1st respondent on

31.05.2021. Ext.P3 memo of charges is issued only

on 30.07.2022. Rule 198(7) of the Kerala Co-

operative Societies Rules (hereinafter referred

to as the Rules for short) does not enable

initiation of disciplinary proceedings against

retired employees [See Satheesan M.P. v. Kannur District Co-

operative Bank and Ors. I.L.R. 2020 (3) Kerala 520 ]. Therefore, the

memo of charges cannot be sustained.

5. Ext.P3 memo of charges suffers from yet

another illegality. The memo of charges is issued

by the President of the Society. Ext.P3 does not

indicate that memo of charges was framed by the WP(C) NO. 25785 OF 2022

Managing Committee and that it is issued on

behalf of the Committee. In the light of judgment

of the Division Bench of this Court in Kodanchery

Service Co-operative Bank v. Joshy Varghese [2020 (4) KLT 129], it is

only the Managing Committee which is competent to

issue of memo of charges. Ext.P3 cannot be

sustained on the said ground also.

6. The petitioner having retired from the

services of the 1st respondent without any pending

disciplinary proceedings, necessarily the

petitioner is entitled for disbursal of all the

pensionary benefits. Needless to say that, if the

respondents have any claim against the

petitioner, it is for them to initiate

appropriate action in terms of Section 69 of the

Co-operative Societies Act. However, it does not

enable them to withhold the pensionary benefits.

Resultantly, the writ petition is allowed. WP(C) NO. 25785 OF 2022

Ext.P3 memo of charges is quashed. The

respondents shall disburse all the pensionary

benefits due to the petitioner as expeditiously

as possible, but not later than three months from

the date of receipt of a copy of this judgment.

Sd/-

Sathish Ninan, Judge

Raj.

01.02.2023.

WP(C) NO. 25785 OF 2022

APPENDIX OF WP(C) 25785/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE UNDERTAKING DATED 24.05.2021 OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 18.07.2022 ISSUED BY THE PRESIDENT OF THE BANK.

Exhibit P3 A TRUE COPY OF THE MEMO OF CHARGES DATED 30.07.2022 ISSUED BY THE PRESIDENT.

Exhibit P4 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 28.06.2021 ISSUED BY THE KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD.

Exhibit P5 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 1992 (2) KLT 167.

Exhibit P6 A TRUE COPY OF THE CIRCULAR NO.66 DATED 27.02.2010.

Exhibit P7 A TRUE COPY OF THE OFFICE ORDER NO.2/13 DATED 01.01.2013.