Kerala High Court
Rajesh Kumar K.P vs Vengeri Urban Co-Operative Society ... on 1 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:81296
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 7427 OF 2024
PETITIONER:
RAJESH KUMAR K.P
AGED 38 YEARS
S/O. RAJAGOPALAN K. P,
KOLLAKATPOYIL,
CIVIL STATION P.O,
CALICUT,
KERALA, PIN - 673 020.
BY ADV T.H.ARAVIND
RESPONDENTS:
1 VENGERI URBAN CO-OPERATIVE SOCIETY LIMITED,
NO D - 2944
REPRESENTED BY ITS SECRETARY,
VENGERI P. O,
THADAMBATTUTHAZHAM,
CALICUT, PIN - 673 010.
2 THE MANAGING COMMITTEE
VENGERI URBAN CO-OPERATIVE SOCIETY LIMITED,
NO D - 2944,
VENGERI P. O,
THADAMBATTUTHAZHAM, CALICUT
REPRESENTED BY THE PRESIDENT,
PIN - 673 010.
3 ASSISTANT REGISTRAR (GENERAL)
COOPERATIVE SOCIETY, 17/1082,
THALOOK OFFICE RD,
NEAR MAHARANI HOTEL,
OPP: SAHAKARNA BHAVAN,
PUTHIYARA,
KOZHIKODE,
KERALA,
PIN - 673 004.
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2
4 JOINT REGISTRAR (GENERAL) - COOPERATIVE
SOCIETY,
17/1082, THALOOK OFFICE ROAD,
NEAR MAHARANI HOTEL,
OPP: SAHAKARNA BHAVAN, PUTHIYARA,
KOZHIKODE, KERALA,
PIN - 673 004.
BY ADVS.
SRI. SALAHUDDEEN AVM
M.P. SEETHA
SRI. DHEERAJ - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The petitioner was appointed as Attender on
25.10.2023 in the 1st respondent Society. While
working so, he had availed leave from
01.06.2017 to 30.03.2018 to attend Junior
Diploma in Co-operative Society (JDC) training.
Thereafter, he was promoted as Accountant.
2. The petitioner was placed under
suspension by Ext.P4 order in contemplation of
disciplinary proceedings. The period of
suspension is being extended with the approval
of the Joint Registrar under Rule 198(6) of the
Kerala Co-operative Societies Rules, 1969 (for
short, 'the Rules'). Pursuant to Ext.P4, the
petitioner was issued with Ext.P5 memo of
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charges. The petitioner submits that the
charges in Ext.P5 do not particularize the
allegations of misconduct and hence is vitiated
by vagueness. It is also contended that most of
the incidents alleged in Ext.P5 happened while
the petitioner was on leave to attend the JDC
training. The petitioner has also a case that the
copies of the documents relied on in the charge
sheet are not given to him despite Exts.P6 and
P8 requests. It is contended that the prolonged
suspension is causing undue hardships. It is
further contended that the petitioner has not
been paid subsistence allowance as provided
under Rule 198(6) of the Rules. Accordingly, the
petitioner has preferred this writ petition
challenging Ext.P5 memo of charges and
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consequential proceedings and for a direction to
the respondents to reinstate him in service
forthwith.
3. A counter affidavit has been filed by the
1st respondent denying the averments in the writ
petition.
4. The petitioner was placed under
suspension from 02.09.2022. It is stated that
the period of suspension has been extended
beyond six months with the approval of the Joint
Registrar. Since the petitioner is an Accountant
in the Society and is placed under suspension,
he is entitled for subsistence allowance under
Rule 198(6) of the Rules, in terms of the
provisions of the Kerala Payment of Subsistence
Allowance Act, 1972. The Kerala Co-operative
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Societies Rules being a welfare legislation and
the Kerala Payment of Subsistence Allowance
Act, 1972 applicable to the petitioner being a
beneficial legislation, an order of suspension
necessary shall follow an order of payment of
subsistence allowance. The only restriction with
regard to payment of subsistence allowance is
the proviso to Section 3(1) of the Kerala Payment
of Subsistence Allowance Act which provides
that an employee shall not be entitled for
subsistence allowance if he is employed in any
establishment other than the establishment
where he had been working immediately before
his suspension. The respondents 1 and 2 do not
have a case that the petitioner is employed
elsewhere during the period of his suspension.
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5. Accordingly, there will be a direction to
respondents 1 and 2 to pay subsistence
allowance due to the petitioner from the date of
suspension and shall continue to pay the same
so far as he remains under suspension. The
amounts shall be paid within a period of one
month from the date of receipt of a copy of this
Judgment.
6. As regards the challenge against the
disciplinary proceedings initiated against the
petitioner pursuant to Ext.P5, I am of the view
that the present challenge is premature. The
petitioner contends that the charges are vague
and that the documents being relied on against
him are not furnished to him and therefore the
enquiry is vitiated for want of compliance with
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the principles of natural justice. The petitioner
can raise all these contentions before the
Enquiry Officer during the enquiry, or, before the
disciplinary authority after the enquiry is
completed, if adverse steps are taken against
him. The petitioner has hierarchy of remedies
against orders passed in the enquiry. This Court
cannot interfere with the disciplinary
proceedings at this stage. The petitioner has
requested for certain documents vide Exts.P6
and P8. It is for the Enquiry Officer/Disciplinary
Authority to consider the same. The Enquiry
Officer/Disciplinary Authority shall consider
Exts.P6 and P8, in accordance with law, before
further proceeding with the enquiry.
Accordingly, the interim order is vacated and the
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respondents are permitted to proceed with the
enquiry.
The writ petition is disposed of with the
aforesaid directions.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
SERVICE RECORDS PERTAINING TO THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
28.06.2022 ISSUED BY THE SECOND
RESPONDENT.
EXHIBIT P3 TRUE COPY REPLY DATED 16.07.2022 FILED BY
THE PETITIONER TO SHOW CAUSE NOTICE.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 02.09.2022
ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 25.01.2023
ALONG WITH THE CHARGE MEMO.
EXHIBIT P6 TRUE COPY OF THE REQUEST DATED
07.02.2023.
EXHIBIT P7 TRUE COPY OF REPLY DATED 16.02.2023.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
04.04.2023 FILED BY THE PETITIONER BEFORE
THE FIRST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 16.02.2023
ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 30.09.2023
ISSUED BY THE FIRST RESPONDENT FOR
EXTENDING THE PERIOD OF SUSPENSION.
EXHIBIT P11 TRUE COPY ORDER DATED 02.09.2023.
EXHIBIT P12 APPROACHED THE THIRD AND FOURTH
RESPONDENT FILING A REPRESENTATION. A
TRUE COPY OF REPRESENTATION DATED
04.12.2023.
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED
04.12.2023 FILED BEFORE THE 4TH
RESPONDENT.
EXHIBIT P14 COPY OF THE NOTICE DATED 11/1/2024 FROM
THE ENQUIRY OFFICER.
RESPONDENTS EXHIBITS: NIL.
