S.G.Dhananjayan vs The Joint Registrar Of ...
2023 Latest Caselaw 1256 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                       WP(C) NO. 35342 OF 2019
PETITIONER:

          S.G.DHANANJAYAN, AGED 59 YEARS,
          S/O. GOPALAKRISHNAN NAIR, SANKARA VILASOM, THONNALLUR,
          MEVELLOOR POST, KOTTAYAM DISTRICT, PIN CODE-686 609.

          BY ADVS.GEORGE POONTHOTTAM (SR.)
          SMT.NISHA GEORGE



RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), KOTTAYAM DISTRICT, PIN CODE-686 601.

    2     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
          SOCIETIES (GENERAL), VAIKOM, KOTTAYAM DISTRICT-686 601.

    3     THE VELLOOR SERVICE CO-OPERATIVE BANK LTD.NO.785,
          MEVELLOOR POST, KOTTAYAM DISTRICT, PIN CODE-686 609,
          REPRESENTED BY ITS SECRETARY.

    4     THE MANAGING COMMITTEE,
          THE VELLOOR SERVICE CO-OPERATIVE BANK LTD.NO.785,
          MEVELLOOR POST, KOTTAYAM DISTRICT, PIN CODE-686 609,
          REPRESENTED BY ITS PRESIDENT.

          BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY
          SRI.S.A.ANAND
          SMT.RESMI THOMAS -GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35342 OF 2019
                                 -2-

                             JUDGMENT

When this matter was called today, the

learned counsel on both sides were ad idem that

analogous issues - both factual and legal, as

presented in this case, were noticed by this

Court in W.P.(C)No.15550/2022, filed by a Junior

Clerk of the 3rd respondent - 'Velloor Service

Co-operative Bank Ltd. ('Society', for short).

2. I notice that the judgment in the

aforementioned writ petition was delivered

adverting to the binding declarations in

Kodanchery Service Co-operative Bank Ltd. &

Others v.Joshy Varghese & Others [2020 (4) KLT

129]; and since the disciplinary action is the

same, certainly, the petitioner herein must get

similar benefits.

Resultantly and since it is uncontested that

the petitioner has also been chargesheeted by an WP(C) NO. 35342 OF 2019

incompetent Authority, going by Joshy Varghese

(supra), I allow this writ petition with the

following directions:

(a) This writ petition is allowed and Ext.P4

Charge Memo is quashed, finding it to be

vitiated, having been issued contrary to the

declarations in Joshy Varghese (supra).

(b) Since the learned Standing Counsel for

the Society concedes that the petitioner has now

crossed the age of superannuation, the Society

is directed to process and disburse all eligible

retiral benefits to him, within a period of

three months from the date of receipt of a copy

of this judgment. The pension papers shall also

be forwarded to the statutory Pension Board

within the afore time, along with the necessary

remittances.

(c) I, however, leave full liberty to the

Society to initiate any action against the WP(C) NO. 35342 OF 2019

petitioner, as may be legally warranted and

permissible, for recovery of amounts due from

him; however, only following due procedure and

on the strength of orders from the competent

Forum.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 35342 OF 2019

APPENDIX OF WP(C) 35342/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE UNDATED INTERIM REPORT ON INQUIRY SUBMITTED UNDER SECTION 65 OF THE KCS ACT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.C.R.P(2)8183/16 ISSUED BY THE IST RESPONDENT DATED 19.1.2018.

EXHIBIT P3 TRUE COPY OF THE INQUIRY REPORT DATED 15.3.2018 UNDER SECTION 65 OF THE KCS ACT.

EXHIBIT P4 TRUE COPY OF THEMEMO OF CHARGES DATED 4.8.2018.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 23.8.2018 TO THE MEMO OF CHARGES SUBMITTED BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.54/2019 LODGED BY THE VELLOOR POLICE DATED 17.1.2019.

EXHIBIT P7 TRUE COPY OF THE DOMESTIC ENQUIRY REPORT DATED 22.12.2018.

EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE CONVENER OF THE ADMINISTRATIVE COMMITTEE OF THE RESPONDENT BANK DATED 22.12.2018.

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE CONVENER OF THE ADMINISTRATIVE COMMITTEE DATED 29.12.2018.

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 27.12.2018 BY THE CONVENER, ADDRESSED WP(C) NO. 35342 OF 2019

TO THE IST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE ORDER IN BA NO.3553 OF 2019 DATED 31.5.2019 PASSED BY THIS HON'BLE COURT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE