Denny John vs The Kuttammasseri Service ...
2023 Latest Caselaw 3347 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                         WP(C) NO. 1360 OF 2023
PETITIONER:

              DENNY JOHN
              AGED 44 YEARS
              S/O JOHN.C.ANTONY, SALESMAN, KUTTAMMASSERI SERVICE CO-
              OPERATIVE BANK LTD.NO. 776, ALUVA, EMAKUFAM -683105,
              RESIDING AT CHACKALAKKAL, POLAPARAMBIL, THOTTUMMUGHAM,
              ALUVA, PIN - 683105
              BY ADVS.
              P.P.JACOB
              MARIYA TITTY


RESPONDENTS:

     1        THE KUTTAMMASSERI SERVICE COROPERATIVE BANK LTD.NO. 766
              ALUVA, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN -
              683105
     2        THE BOARD OF DIRECTORS OF THE KUTTAMMASSERI SERVICE
              CO-OPERATIVE BANK LTD.NO. 776, ALUVA, EMAKULAM -
              REPRESENTED BY ITS PRESIDENT, PIN - 683105
     3        THE DOMESTIC ENQUIRY OFFICER
              KUTTAMMASSERI SERVICE CO-OPERATIVE BANK LTD.NO. 776,
              ALUVA, ERNAKULAM, PIN - 683105
     4        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
              ERNAKULAM , OFFICE OF THE JOINT REGISTRAR OF CO-
              OPERATIVE SOCIETIES (G), 5TH FLOOR, NEW BLOCK, CIVIL
              STATION, KAKKANADU, ERNAKULAM PIN - 682030
     5        THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT
              ERNAKULAM, CIVIL STATION, KAKKANADU, ERNAKULAM PIN -
              682030
              BY ADV M.SASINDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       Sathish Ninan, J.
               ==============================
                  W.P.(C).No.1360 of 2023
                 ==========================
           Dated this the 24th day of March, 2023

                              JUDGMENT

Petitioner is an employee of the 1st respondent -

Kuttammasseri Service Co-operative Bank Ltd. (Society).

Disciplinary proceedings are going on against the

petitioner. In the course of the same, the petitioner

sought for copies of certain documents. Since the same

were not made available, the petitioner approached this

Court through this Writ Petition.

2. Heard the learned counsel for the petitioner,

the learned Standing counsel for the Society and the

learned Government Pleader.

3. Pending the writ petition, few documents sought

for by the petitioner were given by the Society.

Today, an affidavit has been filed by the 1 st

respondent, wherein it is stated that, out of the four

documents now sought for by the petitioner, there are

no such documents mentioned in Sl.Nos.3 and 4 therein.

The copies of documents mentioned as Sl.Nos.1 and 2 can W.P.(C).No.1360 of 2023

be made available to the petitioner, it is stated.

Resultantly, this writ petition is disposed of

directing respondents 1 and 2 to furnish the copies of

the documents mentioned as Sl.Nos.1 and 2, in the

counter affidavit dated 20.03.2023, within a period of

one week. On such furnishing of documents, the domestic

enquiry can be proceeded with. The proceedings shall be

taken to a logical conclusion within a period of two

months thereafter.

Sd/-

Sathish Ninan, Judge

Raj.

W.P.(C).No.1360 of 2023

APPENDIX OF WP(C) 1360/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE PHOTOGRAPH SHOWING THE FLOOD AFFECTED SITUATION Exhibit P2 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE STOCK REPORT FOR THE YEAR 2018- 2019 PAGES 1 TO 3 Exhibit P3 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE AUDIT REPORT PAGES COVERING PAGE

Exhibit P4 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE AUDIT CERTIFICATE FOR THE YEAR 2019-2020 PAGES COVERING PAGE AND PAGE

Exhibit P5 TRUE PHOTOCOPY OF THE AUDIT CERTIFICATE FOR THE YEAR 2020-2021 PAGED COVERING

Exhibit P6 TRUE PHOTOCOPY OF THE NOTICE DATED 18.4.22 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P7 TRUE PHOTOCOPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 20.4.2022 Exhibit P8 TRUE PHOTOCOPY OF THE LETTER DATED 17.5.22 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P9 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE PRESIDENT OF THE SECOND RESPONDENT DATED 8.6.2022 Exhibit P10 TRUE PHOTOCOPY OF THE REPLY DATED 21.6.2022 FILED BY THE PETITIONER TO THE SECOND RESPONDENT Exhibit P11 TRUE PHOTOCOPY OF THE NOTICE DATED 25.6.22 ISSUED TO THE PETITIONER BY THE PRESIDENT Exhibit P12 TRUE PHOTOCOPY OF THE CHARGE MEMO DATED 8.7.2022 ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT Exhibit P13 TRUE PHOTOCOPY OF THE REPLY DATED 22.7.2022 ISSUED TO THE PRESIDENT OF THE SECOND RESPONDENT Exhibit P14 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.

(C) 30917/2022 DATED 7.10.2022 Exhibit P15 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 9.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER W.P.(C).No.1360 of 2023

Exhibit P16 TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE THIRD RESPONDENT DATED 28.12.2022 Exhibit P17 TRUE PHOTOCOPY OF THE REPORT FILED BY THE ASSISTANT REGISTRAR, ALUVA TO THE FOURTH RESPONDENT DATED 17.6.22 Exhibit P18 TRUE PHOTOCOPY OF THE REPORT OF THE AUDITOR DATED 7.6.2022 FURNISHED TO THE RESPONDENTS 1 & 2 Exhibit P19 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE LIABILITY SUMMARY OF THE ACCOUNT AS ON 31.3.2021 Exhibit P20 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE COMPUTER PRINT OF THE LAST PAGE OF THE LIABILITY SUMMARY OF THE ACCOUNT AS ON 31.3.2021 Exhibit P21 TRUE PHOTOCOPY OF THE LETTER ISSUED BY PETITIONER TO THE THROUGH DOMESTIC ENQUIRY OFFICER DATED 04/01/2023 Exhibit P22 TRUE PHOTOCOPY OF THE LETTER ISSUED TO THE ENQUIRY OFFICER BY THE PRESENTING OFFICER DATED 25.01.2023 RESPONDENT EXHIBITS Exhibit R1(a) A true copy of the list of documents furnished to the petitioner, containing the acknowledgment of the petitioner