Sith S.D, S/O Sasidharan vs Adv. R. Sam S/O Ratheesan
2023 Latest Caselaw 9841 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                        CON.CASE(C) NO. 1964 OF 2023
 AGAINST THE JUDGMENT IN WP(C) 25627/2023 OF HIGH COURT OF KERALA
PETITIONERS/1ST AND 2ND PETITIONERS IN WPC:

    1        SITH S.D, S/O SASIDHARAN
             AGED 41 YEARS
             WORKING AS, ACCOUNTANT,[NOW UNDER SUSPENSION],
             MAYYANAD SERVICE CO-OPERATIVE BANK [LTD] NO.2294,
             ERAVIPURAM BRANCH, ERAVIPURAM P.O, KOLLAM,PIN - 691011
             AND RESIDING AT, SITH VIEW, VALATHUNGAL P.O, KOLLAM,
             PIN - 691011
    2        SIJO MICHAEL, S/O MICHAEL
             AGED 38 YEARS
             WORKING AS, DRIVER, [NOW UNDER SUSPENSION],
             MAYYANAD SERVICE CO-OPERATIVE BANK [LTD] NO.2294, HEAD
             OFFICE, KOOTTIKKADA P.O, KOLLAM-691020, AND RESIDING
             AT, SIJO COTTAGE, MAYYANAD, KOLLAM, PIN - 691303
             BY ADVS.
             DIPU.R
             K.S.BAIJU
             DEVI KRIPA R.
             P.V.SARITHA VENUGOPAL
             DHANYA BABU
             NEETHU SASI
             ANSU SARA MATHEW


RESPONDENT/5TH RESPONDENT IN WPC:

             ADV. R. SAM S/O RATHEESAN
             AGED 53 YEARS
             PRESIDENT,
             MAYYANAD SERVICE CO-OPERATIVE BANK [LTD] NO - 2294,
             HEAD OFFICE, KOOTTIKKADA P.O, KOLLAM, PIN - 691020
     THIS    CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 COC No.1964 of 2023
                                     2



                             JUDGMENT

The petitioners are the petitioners in W.P.(C)No.25627

of 2023 which was filed challenging certain notices issued to the

petitioners by the Mayyanad Service Co-operative Bank, calling

upon the petitioners to immediately pay to the bank certain

amounts which is stated to be the amount of loss caused to the

bank owing to certain fraudulent activities of the employees

including the petitioners.

2. When W.P.(C)No.25627 of 2023 was disposed of by

judgment dated 16.08.2023, finding essentially that the bank could

not unilaterally proceed to recover the amounts by issuing notices

to the employees and if they feel that any loss has been committed,

it is for them to initiate disciplinary proceedings against the

employees. It is also observed that the competent authority (the

Joint Registrar of Co-operative Societies) could also initiate

proceedings under Section 68 of the Kerala Co-operative Societies

Act, if there is a jurisdictional basis for doing so. The petitioners

have now approached this Court stating that the petitioners have

now been suspended from service through Annexures-2 and 3

orders dated 25.08.2023. It is submitted that Annexures-2 and 3 COC No.1964 of 2023

orders are in direct violation of the orders issued by this Court in

the judgment in W.P.(C)No.25627 of 2023.

3. Having heard the learned counsel for the

petitioners, I am of the view that the issuance of Annexures-2 and

3 orders of suspension cannot be termed in any manner to be in

violation of the directions issued by this Court in the judgment

dated 16.8.2023 in W.P.(C)No.25627 of 2023. In the judgment

dated 16.8.2023 in W.P.(C)No.25627 of 2023, this Court had only

taken the view that the bank could not directly proceed to recover

the amounts stated to be due from the petitioners by issuing

notice. It was made clear that all other remedies including

initiation of disciplinary proceedings would be available to the

respondent bank. The order of suspension can only be a step

towards the conclusion of disciplinary proceedings. Therefore, the

issuance of Annexures-2 and 3 cannot be stated to be in violation

of the directions issued by this Court. Therefore, I see no reason

to initiate contempt of court proceedings.

Hence, this Contempt of Court Case is dismissed in

limine.

Sd/-

GOPINATH P., JUDGE rkj COC No.1964 of 2023

APPENDIX OF CON.CASE(C) 1964/2023

PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF JUDGMENT DATED 16/08/2023 IN WPC NO 25627/2023 AND CONNECTED WPC NO 25870/2023 Annexure 2 THE TRUE COPY OF ORDER WITH NO MSCB/SO/0041/2023-2024, DATED 25-08-2023 Annexure 3 THE TRUE COPY OF ORDER WITH NO MSCB/SO/0042/2023-2024 DATED 25-08-2023