Sajimon V.V vs The Parthode Service ...
2023 Latest Caselaw 11167 Ker

W.P(C) Nos.18772 & 29211 of 2023

                                   1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                  WP(C) NO. 18772 OF 2023
PETITIONER:

             SMITHA RAJENDRAN
             AGED 49 YEARS
             W/O SATHEESH.T.S., RESIDING AT SREEVILASAM,
             EDAKUNNAM P.O., PARATHODE, KOTTAYAM DISTRICT,
             PIN - 686512

             BY ADVS.
             NISHA GEORGE
             A.L.NAVANEETH KRISHNAN
             ANSHIN K.K
             GEORGE POONTHOTTAM (SR.)

RESPONDENTS:

     1       THE PARTHODE SERVICE CO-OPERATIVE BANK LTD. NO.3002
             PARATHODE P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS
             SECRETARY, PIN - 686512

     2       THE ADMINISTRATIVE COMMITTEE
             PARTHODE SERVICE CO-OPERATIVE BANK LTD. NO. 3002,
             PARATHODE.P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS
             CONVENER, PIN - 686512

     3       * ADDL R3: THE JOINT REGISTRAR (GENERAL) OF
             CO-OPERATIVE SOCIETIES ( SOUGHT TO BE IMPLEADED )
             COLLECTORATE BUILDING, K.K. ROAD,
             KOTTAYAM-686002

             *ADDL R3 IMPLEADED AS PER ORDER DATED 27.10.2023 IN
             I.A NO.1 OF 2023


             SRI. LIJI J VADAKEDOM, SERVICE CO-OPERATIVE BANK

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.10.2023, ALONG WITH WP(C).29211/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) Nos.18772 & 29211 of 2023

                                   2


         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                  WP(C) NO. 29211 OF 2023
PETITIONER:

             SAJIMON V.V.
             AGED 46 YEARS
             S/O. V.K.VASU, VARIKKATTU HOUSE, EDAKKUNNAM P.O,
             KOTTAYAM DISTRICT, PIN - 686512

             BY ADVS.
             NISHA GEORGE
             A.L.NAVANEETH KRISHNAN
             ANSHIN K.K
             GEORGE POONTHOTTAM (SR.)


RESPONDENTS:

     1       THE PARTHODE SERVICE CO-OPERATIVE BANK LTD. NO.3002,
             PARATHODE P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS
             SECRETARY, PIN - 686512

     2       THE ADMINISTRATIVE COMMITTEE
             PARTHODE SERVICE CO-OPERATIVE BANK LTD. NO. 3002,
             PARATHODE.P.O., KOTTAYAM DISTRICT - REPRESENTED BY ITS
             CONVENER, PIN - 686512

     3       THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
             SOCIETIES
             COLLECTORATE BUILDING, K.K. ROAD, KOTTAYAM DISTRICT,
             PIN - 686002

             BY ADVS.
             Liji J Vadakkedom
             ATHUL V. VADAKKEDOM(K/003544/2022)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.10.2023, ALONG WITH WP(C).18772/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) Nos.18772 & 29211 of 2023

                                    3



                               JUDGMENT

The petitioner in W.P(C) 18772 of 2023 was working as a Branch

Manager in the 1st respondent society, whereas the petitioner in W.P(C)

29211 of 2023 was working as a Peon. They have approached this Court

challenging the charge memo as well as the order of termination issued

against them. The specific contention raised is that the termination

order has been issued in violation of the specific stipulations under Rule

198 of the Kerala Co-operative Societies Rules and without complying

with the principles of natural justice. It appears that challenging the

order of termination, the petitioner in both cases has preferred statutory

appeal under Rule 198(4) of the Co-operative Societies Rules before the

Appellate Forum. However, the grievance stated in the Writ Petition is

that the Society is being managed by the Administrator, and therefore,

the appeal could not be taken up and considered. It is on these

assertions that the petitioners have approached this Court seeking

directions.

2. When the matter came up for admission, it was contended

before this Court that the petitioners have been rendered remediless as

their appeal could only be considered by the Managing Committee. In

view of the above submission, despite the petitioners having an W.P(C) Nos.18772 & 29211 of 2023

efficacious remedy, this Court entertained this writ petition.

3. Sri. Liji J Vadakkedam, the learned counsel appearing for the

1st respondent, submitted that the elected Managing Committee has

taken charge on 9.10.2023. If that be the case, the petitioners be

relegated to pursue the statutory appeal that they have already

instituted.

4. The learned counsel appearing for the petitioners would

point out that one of the contentions raised in the Writ Petition concerns

infringement of Rule 198(2A) of the Co-operative Societies Rules.

According to the learned counsel, the President of the Managing

Committee of the Bank was a member of the Disciplinary Sub

Committee, which, according to the learned counsel, is illegal.

5. I have considered the submissions advanced. I find that the

Writ Petition was entertained by this Court on account of the submission

before this Court that the Administrator had taken over the management

of the Society. Now that the Managing Committee has taken charge on

9.10.2023 and as separate appeals preferred by the petitioners are

pending before the Committee, directions can be issued to the Managing

Committee to consider the same as expeditiously as possible. The

learned counsel appearing for the petitioners submits that insofar as the

petitioner in W.P(C) 18772 of 2023 is concerned, the subsistence

allowance due to him has not been paid.

W.P(C) Nos.18772 & 29211 of 2023

In view of the discussion above, these petitions are disposed of, by

ordering as under:

a. There will be a direction to the Managing Committee of the

1st respondent to take up, consider, and pass orders on the appeals

preferred by the petitioners by adverting to all contentions, including the

contention raised with regard to the violation of Rule 198(2A) and take a

decision within a period of one month.

b. If the subsistence allowance is due and pending, the same

shall be disbursed by the 1st respondent.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP W.P(C) Nos.18772 & 29211 of 2023

APPENDIX OF WP(C) 29211/2023

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF THE NOTICE DATED 13.12.2021 ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT BANK TO THE PETITIONER

Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLANATION DATED 15.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE BANK

Exhibit-P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE DISCIPLINARY SUB-COMMITTEE MEETING CONVENED ON 10.12.2021

Exhibit-P4 TRUE COPY OF THE SUSPENSION ORDER DATED 22.01.2022 ISSUED BY THE 1ST RESPONDENT BANK

Exhibit-P5 TRUE COPY OF THE CHARGE MEMO DATED 17.02.2022 ISSUED BY THE PRESIDENT OF THE SOCIETY ON BEHALF OF THE MANAGING COMMITTEE OF THE SOCIETY

Exhibit-P6 TRUE COPY OF THE REPLY TO EXHIBIT-P5 CHARGE MEMO, SUBMITTED BY THE PETITIONER DATED 22.02.2022 AND ACKNOWLEDGED ON 23.02.2022

Exhibit-P7 TRUE COPY OF THE ENQUIRY REPORT DATED 06.09.2022 SUBMITTED BY THE ENQUIRY OFFICER

Exhibit-P8 TRUE COPY OF THE NOTICE DATED 19.09.2022 ISSUED BY THE CONVENOR OF THE ADMINISTRATIVE COMMITTEE

Exhibit-P9 TRUE COPY OF THE NOTICE DATED 22.10.2022 ISSUED BY THE ADMINISTRATIVE CONVENOR OF THE BANK TO THE PETITIONER

Exhibit-P10 TRUE COPY OF THE EXPLANATION DATED 09.11.2022 SUBMITTED BY THE PETITIONER

Exhibit-P11 TRUE COPY OF THE ORDER DATED 10.01.2023 ISSUED BY THE ADMINISTRATOR TO THE PETITIONER W.P(C) Nos.18772 & 29211 of 2023

APPENDIX OF WP(C) 18772/2023

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF THE MEMO DATED 30.11.2021 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT BANK

Exhibit-P2 TRUE COPY OF THE EXPLANATION DATED 03.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE BANK

Exhibit-P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE DISCIPLINARY SUB-COMMITTEE MEETING CONVENED ON 10.12.2021

Exhibit-P4 TRUE COPY OF THE SUSPENSION ORDER DATED 13.12.2021 ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT BANK

Exhibit-P5 TRUE COPY OF THE CHARGE MEMO DATED 23.12.2021 ISSUED BY THE PRESIDENT OF THE BANK ON BEHALF OF THE MANAGING COMMITTEE OF THE SOCIETY

Exhibit-P6 TRUE COPY OF THE AFFIDAVIT DATED 07.10.2022 SUBMITTED BY THE CUSTOMER NAMELY SRI P.M. MATHEW BEFORE THE ENQUIRY OFFICER

Exhibit-P7 TRUE COPY OF THE LETTER DATED 21.12.2021 SENT BY THE CUSTOMER NAMELY SMT. OMANA M.G TO THE PRESIDENT OF THE SOCIETY

Exhibit-P8 TRUE COPY OF THE REPLY DATED 07.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE BANK, WITHOUT ENCLOSURE

Exhibit-P9 TRUE COPY OF THE NOTICE DATED 30.11.2022 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE ENQUIRY REPORT OF THE ENQUIRY OFFICER DATED 16.11.2022 W.P(C) Nos.18772 & 29211 of 2023

Exhibit-P10 TRUE COPY OF THE COMMUNICATION DATED 06.01.2022 SENT BY THE PETITIONER THROUGH HER HUSBAND EXPLAINING HER HEALTH CONDITION

Exhibit-P11 TRUE COPY OF THE EXPLANATION DATED 09.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH POSTAL RECEIPTS EVIDENCING THE SAME

Exhibit-P12 TRUE COPY OF THE ORDER DATED 10.01.2023 ISSUED BY THE CONVENOR OF THE ADMINISTRATIVE COMMITTEE ALONG WITH DECISION OF THE ADMINISTRATIVE COMMITTEE DATED 09.01.2023