Kerala High Court
G. Sunil Kumar vs The Joint Registrar Of ... on 24 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
WP(C) NO. 1193 OF 2023
PETITIONERS:
1 G. SUNIL KUMAR
AGED 45 YEARS
RESIDING AT KALABHAVAN, ANAD P.O.,
THIRUVANANTHAPURAM, PIN - 695541
2 BINDU SURESH
AGED 45 YEARS
RESIDING AT ROHINI BHAVAN. MANNAYAM, NEDUMANGAD
P.O., THIRUVANANTHAPURAM, PIN - 965541
3 SHEENARANI L
AGED 40 YEARS
RESIDING AT ANJANA BHAVAN, PANAVILA, PACHAVEEDU,
ANAD P.O., THIRUVANANTHAPURAM, PIN - 695541
4 T. LETHA,AGED 44 YEARS
RESIDING AT SURESH BHAVAN, KULAPPADA P.O.,
THIRUVANANTHAPURAM, PIN - 695542
5 ANAD JAYAN,AGED 56 YEARS
RESIDING AT BHASKARAVILASAM, ANAD, ANAD P.O.,
THIRUVANANTHAPURAM, PIN - 695541
6 M.N. GIRI
AGED 47 YEARS
RESIDING AT PERINGAVOOR HOUSE, ANAD P.O.,
THIRUVANANTHAPURAM, PIN - 695541
7 G. PRABHATH KUMAR
AGED 40 YEARS
RESIDING AT SUBHA VILASAM, PERAYAM, PERAYAM P.O.,
THIRUVANANTHAPURAM, PIN - 695562
8 ANAD SURESH
AGED 45 YEARS
RESIDING AT SREE BHAGAVATHY, PULLEKKONAM, ANAD, ANAD
P.O., THIRUVANANTHAPURAM, PIN - 695541
9 R.J. MANJU
AGED 40 YEARS
W.P.(C)No.1193/2023 2
RESIDING AT LAVANYA, SAKTHIPURAM, ANAD,
THIRUVANANTHAPURAM, PIN - 695541
10 ANITHAKUMARI D.,AGED 40 YEARS
RESIDING AT SUKRITHAM, MOTTALMOODU, KARIPOORU
P.O., THIRUVANANTHAPURAM, PIN - 695541
11 K.B. SUMESH KUMAR,AGED 44 YEARS
KATTAYKKAL HOUSE, KARIYODE, KOKKOTTELA,
KOKKOTTELA P.O., THIRUVANANTHAPURAM, PIN -
695542
12 S.A. RAHIM.,AGED 40 YEARS
SONY VILLA, PAZHAKUTTY, PAZHAKUTTY P.O.,
THIRUVANANTHAPURAM, PIN - 695561
BY ADVS.
ARUN CHANDRAN
HARIMOHAN
ANJALY T.A
RESPONDENTS:
1 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES
[GENERAL]
OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE
SOCIETIES [GENERAL], RAJAJI NAGAR MARKET ROAD,
STATUE, THYCAUD, THIRUVANANTHAPURAM DISTRICT, PIN
- 695001
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
COOPERATION [C], GOVERNMENT SECRETARIAT, PALAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
3 ADDL.R3. THE REGIONAL URBAN COOPERATIVE SOCIETY
LIMITED NO. T 1555
NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PINCODE
695 541 [IS IMPLEADED AS ADDL.R3 AS PER ORDER
DATED 17.01.2023 IN I.A.1/2023 IN WP(C)1193/2023.]
BY ADVS.
GOVERNMENT PLEADER
GOVERNMENT PLEADER(GP-1)
V.RAJENDRAN
SOHAIL MOHAMMED ANSARY(K/915/2016)
AMEENA.R(K/001602/2018)
W.P.(C)No.1193/2023 3
OTHER PRESENT:
SMT. RESHMI THOMAS (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.1193/2023 4
JUDGMENT
The petitioners have approached this Court challenging Ext.P6
order issued by the Joint Registrar of Co-operative Societies,
Thiruvanantapuram and Ext.P13 order in an appeal filed before the
Government against Ext.P6 order. Through Ext.P6 order, a surcharge
was levied on the petitioners. The learned counsel appearing for the
petitioners would submit that since the proceedings against the
petitioners were concluded without providing to the petitioners a copy
of the enquiry report prepared under Section 68(1) together with
documents which form the basis of findings of the report, the
proceedings have to be quashed on the authority of the judgment of a
Full Bench of this Court in Kudayathoor Service Co-operative
Bank Ltd. v. Joint Registrar of Co-operative
Societies(General); 2022 (3) KLT 222 (FB). In Kudayathoor
Service Co-operative Bank Ltd.(supra), it was held that any
proceedings for imposition of surcharge, without serving a copy of the
enquiry report and other documents cannot be sustained in law.
2. The learned Government Pleader fairly admits that the
copy of the enquiry report was not shared to the petitioners and
therefore, Exts.P6 and P13 can be set aside with a direction to the 1 st
respondent to consider the matter afresh, after providing to the
petitioners a copy of the enquiry report along with documents that
may have been relied upon in the enquiry report.
3. Having heard the learned counsel for the petitioners and
the learned Government Pleader, this writ petition is allowed. Exts.P6
and P13 orders are quashed. The 1st respondent is directed to
complete the proceedings afresh, after providing copies of the enquiry
report and any document that may have been relied upon in reaching
the findings in the enquiry report to the petitioners.
Sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 1193/2023
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE REPORT ON INSPECTION
SUBMITTED
Exhibit - P2 TRUE COPY OF THE REQUEST SUBMITTED BY
THE 5TH PETITIONER DATED 28.05.2020 TO
THE JOINT REGISTRAR
Exhibit - P3 TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE JOINT REGISTRAR OF COOPERATIVE
SOCIETIES [GENERAL], THIRUVANANTHAPURAM
DISTRICT, DATED 29.05.2020
Exhibit - P4 TRUE COPY OF THE JUDGMENT OF THIS COURT
IN WRIT PETITION NO. 11375 OF 2020 DATED
17.02.2021
Exhibit - P5 TRUE COPY OF THE EXPLANATION SUBMITTED
BY THE PETITIONERS DATED 22.07.2021
Exhibit6 TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 20.09.2021 SURCHARGING
THE PETITIONERS
Exhibit - P7 TRUE COPY OF THE STATUTORY APPEAL, WHICH
WAS RECEIVED AT THE OFFICE OF THE 2ND
RESPONDENT ON 01.12.2021
Exhibit - P8 TRUE COPY OF THE NOTICE ISSUED BY THE
APPELLATE AUTHORITY DATED 03.06.2022
Exhibit - P9 TRUE COPY OF THE NOTICE BEARING DATE
13.07.2022
Exhibit - P10 TRUE COPY OF THE INTERIM ORDER DATED
05.08.2022 IN WP [C] NO. 24795 OF 2022
Exhibit - P11 TRUE COPY OF THE REQUEST DATED
17.08.2022, SUBMITTED BY THE LAWYER FOR
THE APPELLANTS THEREIN BEFORE THE 2ND
RESPONDENT [JOINT SECRETARY TO
DEPARTMENT OF COOPERATION, GOVERNMENT OF
KERALA]
Exhibit - P12 TRUE COPY OF THE STATEMENT FILED BY THE
JOINT REGISTRAR BEFORE THE GOVERNMENT ON
17.08.2022, WHICH WAS ISSUED TO THE
LAWYER FOR THE APPELLANTS ON REQUEST
DATED 17.08.2022
Exhibit - P13 TRUE COPY OF THE GOVERNMENT ORDER
BEARING NUMBER G.O. [RT] NO. 712/
2022/CO-OP DATED 31.10.2022
