Kerala High Court
Peroorkada Service Co-Operative ... vs V.Viswakumar on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
RP NO. 818 OF 2023
AGAINST THE JUDGMENT IN WP(C) 25785/2022 OF HIGH COURT OF KERALA
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REVIEW PETITIONERS/RESPONDENTS:
1 PEROORKADA SERVICE CO-OPERATIVE BANK LTD NO.1412
REPRESENTED BY ITS SECRETARY, PERRORKADA P.O
THIRUVANANTHAPURAM, PIN - 695005
2 THE MANAGING COMMITTE OF PEROORKADA SERVICE CO-OPERATIVE BANK
LTD.
REPRESENTED BY ITS PRESIDENT PERRORKADA P.O
THIRUVANANTHAPURAM, PIN - 695005
BY ADVS.
S.CHANDRASEKHARAN NAIR
RAJU GEORGE (KARUVATTA)
PRASANTH N.L.
JEREES J.
S.JAYANT
RESPONDENT/PETITIONER:
V.VISWAKUMAR
LATHA BHAVAN,MGRA-4,MAIN GATE,NALANCHIRA
P.O,THIRUVANANTHAPURAM, PIN - 695015
BY ADV P.N.MOHANAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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R.P. No.818 of 2023
in
W.P.(C) No.25785 of 2022
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Dated this the 26th day of October, 2023
O R D E R
Disciplinary proceedings initiated against the writ
petitioner by issuance of Ext.P3 memo of charges was
under challenge in the writ petition. The ground of
challenge was that, the memo of charges was issued more
than one year after the writ petitioner retired from the
services of the Society.
2. Though notice in the writ petition was served on
the Society there was no appearance. The writ petition
was disposed of ex parte. This Court referred to Rule
198(7) of the Kerala Co-operative Societies Rules and
the decision of this Court in Satheesan M.P. v. Kannur District
Co-operative Bank and Ors. ILR 2020 (3) Ker. 520 and held that
initiation of disciplinary proceedings against retired
employees does not have the sanction of law. Accordingly
RP 818/2023
in WP(C) 25785/2022
the memo of charges were quashed and it was ordered that
the pensionary benefits shall be disbursed within three
months from the date of judgment.
3. The Society has filed the present review
petition contending that the finding of this Court that
disciplinary proceedings were initiated against the writ
petitioner only after his retirement, is not correct and
that the memo of charges were issued to him as early as
on 30.04.2021 while he was in service.
4. Along with the review petition, the Society has
produced Annexure-A3 proceedings of the President of the
Society placing the writ petitioner under suspension.
After the concluding portion in Annexure-A3, the list of
documents enclosed therewith have been stated; one among
such documents is stated to be the memo of charges. The
receipt of Annexure-A3 has been acknowledged by the writ
petitioner on Annexure-A3 on 30.04.2021 itself. Relying
on the same, the review petitioner contends that the
RP 818/2023
in WP(C) 25785/2022
writ petitioner was served with memo of charges while he
was in service and therefore, the proceedings suffers
from no illegality.
5. The writ petitioner disputes the genuineness of
the writing in Annexure-A3 with regard to the list of
documents. Though Ext.A3 is a type written document, the
list of documents alone is handwritten. The said writing
does not find a place in the original of Annexure-A3
which was served upon him, it is contended. The learned
counsel for the writ petitioner handed over the original
of Annexure-A3 stated to have been served upon him, to
this Court for perusal. The writing regarding
"enclosures" is not seen thereon.
6. The review petitioner relies on Annexures-10 and
11 minutes of the Managing Committee to substantiate
that the memo of charges was served along with Annexure-
A3.
RP 818/2023
in WP(C) 25785/2022
7. On the facts as above, it is only deemed
appropriate that the writ petition be restored back to
file and be disposed of afresh.
Resultantly, the review petition is allowed. The
judgment dated 01.02.2023 is recalled and the writ
petition is restored back to file. Post the writ
petition as per roster.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF RP 818/2023
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE CHARGE MEMO ISSUED TO THE
PETITIONER BY PEROORKADA SERVICE COOPERATIVE
BANK DATED 16-4-2021
ANNEXUREA2 A TRUE COPY OF REPLY SUBMITTED BY PETITIONER
TO ANNEXURE A1 CHARGE MEMO
ANNEXURE A3 A TRUE COPY OF MINUTES OF MEETING OF
PEROORKADA SERVICE COOPERATIVE BANK HELD ON
30-04-2021
ANNEXURE A4 A TRUE COPY OF MINUTES OF MEETING OF MANAGING
COMMITTEE OF PEROORKADA SERVICE COOPERATIVE
BANK HELD ON 28-05-2021
ANNEXURE A5 A TRUE COPY OF MINUTES OF MEETING OF MANAGING
COMMITTEE OF PEROORKADA SERVICE COOPERATIVE
BANK HELD ON 11-07-2022
ANNEXURE A6 A TRUE COPY OF THE MINUTES OF THE APPELLANT
BANK DATED 24-01-2023
ANNEXURE A7 A TRUE COPY OF THE SUSPENSION ORDER AND CHARGE
MEMO DATED 30-04-2021
ANNEXURE A8 CERTIFIED COPY OF THE JUDGEMENT OF WA NO
ANNEXURE A9 CERTIFIED COPY OF JUDGEMENT IN WP(C) NO: 25785
DATED 01/02/2023
RESPONDENT ANNEXURES
ANNEXURE R1(A) TRUE COPY OF THE ORIGINAL SUSPENSION ORDER
DATED 30.04.2021
ANNEXURE R1(B) TRUE COPY OF THE ORDER DATED 18.07.2022 ISSUED
BY THE PRESIDENT OF THE SECOND PETITIONER
COMMITTE
PETITIONER ANNEXURES
ANNEXURE 11 THE TRUE COPY OF THE MINUTES BOOK DATED
28.05.2021
ANNEXURE 10 THE TRUE COPY OF THE RELEVENT PAGES OF MINUTES
BOOK CONTAINING THE RESOLUTION NO. 6 AS WELL
AS THE RESOLUTION NO.7
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