Anithakumari.G vs State Of Kerala
2023 Latest Caselaw 3427 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. 8320 OF 2023
PETITIONERS:

         ANITHAKUMARI.G, AGED 49 YEARS,
         W/O MOHANDAS.V., 'ANITHA VILASAM', ELAVOOR,
         CHANNAPETTA, PUNALUR, KOLLAM - 691311
         (SECRETARY, CHANNAPETTA SERVICE CO-OPERATIVE BANK
         LTD.NO.358, CHANNAPETTA P.O., ANCHAL, KOLLAM
         DISTRICT - (NOW UNDER SUSPENSION), PIN - 691311
         BY ADVS.
         M.M.DEEPA
         P.MAYA
         ANUROOPA JAYADEVAN
         MARTINA MARTIN P.M.


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA,
         THIRUVANANTHAPURAM ., PIN - 695001
    2    THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
         OFFICE OF THE REGISTRAR OF CO-OPERATIVE
         SOCIETIES, THIRUVANANTHAPURAM , PIN - 695033
    3    THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
         (GENERAL), OFFICE OF THE JOINT REGISTRAR OF
         CO-OPERATIVE SOCIETIES (GENERAL),
         KOLLAM -, PIN - 691013
    4    ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
         (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF
         CO-OPERATIVE SOCIETIES (GENERAL), PUNALUR ,
         KOLLAM - ., PIN - 691311
    5    THE CHANNAPETTA SERVICE CO-OPERATIVE BANK
         LTD.NO.358, CHANNAPETTA P.O., ANCHAL, KOLLAM
         DISTRICT - REPRESENTED BY ITS SECRETARY.,
         PIN - 691311
    6    THE PRESIDENT,
         THE CHANNAPETTA SERVICE CO-OPERATIVE BANK
         LTD.NO.358, CHANNAPETTA P.O., ANCHAL, KOLLAM
         DISTRICT -., PIN - 691311
  WP(C) No.8320 of 2023
                               -: 2 :-

    7       THE MANAGING COMMITTEE,
            THE CHANNAPETTA SERVICE CO-OPERATIVE BANK
            LTD.NO.358, CHANNAPETTA P.O., ANCHAL, KOLLAM
            DISTRICT -., PIN - 691311
            BY ADVS.
            GOVERNMENT PLEADER SRI.SUNIL KUMAR KURIAKOSE.
            KARTHIKA SUKUMARAN
            PREETHY KARUNAKARAN(P-214)
            K.MEERA(K/587/1991)
            ANJANA M VADHYAR(K/000456/2018)


     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.
                ==============================
                     WP(C) No.8320 of 2023
                  ==========================
            Dated this the 24th day of March, 2023

                               JUDGMENT

The petitioner is the Secretary of the 5th

respondent Society. She is suspended pending

disciplinary proceedings. The order of suspension,

Ext.P4, is under challenge in this writ petition

alleging, lack of authority for the President to

suspend.

2. Heard the learned counsel on either side.

3. Ext.P4 is issued by the President of the

Society. According to the petitioner, it is only the

appointing authority, i.e., the Managing Committee which

is competent to issue the order of suspension.

4. The Society has placed on record, along with a

counter affidavit, Ext.R6(a), a copy of the resolution

bearing No.6625 dated 14-02-2023, wherein it was

resolved to suspend the petitioner from service and the

President was authorized to do the needful. While it is

true that the Ext.P4 order of suspension does not in so WP(C) No.8320 of 2023

many words mention the decision of the Management, the

fact that such a decision was taken by the Management

cannot be disputed.

5. Learned counsel for the respondent Society

relied on the judgments in Prasanth Maroli v. Kannur Primary

Co-op. Agrl. & Rural Development Bank Ltd. (2008 (4) KLT 451) and

Chandrikamma v. Assistant Registrar (General) Co-operative Societies

(2000(3) KLT 940) wherein it has been held that the

President of the Society has the power to suspend an

employee subject to ratification by the Committee. The

Committee having passed Ext.R6(a) resolution, the

challenge of the petitioner cannot be sustained.

As regards the merits of the order of suspension,

it is open for the petitioner to avail a statutory

remedy.

Without prejudice to the rights, the writ petition

is dismissed.

Sathish Ninan, Judge

amk APPENDIX OF WP(C) 8320/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE INTIMATION DATED 27.1.2023 ADDRESSED TO THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 24.01.2023 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE EXPLANATION DATED 25.01.2023 SUBMITTED BEFORE THE 6TH RESPONDENT BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE SUSPENSION ORDER DATED 14.02.2023 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE PETITION DATED 15.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS :

R6(a) A true copy of resolution dated 14.02.2023 bearing No.6625 passed by the 7th Respondent.