IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 15239 of 2009(Y) -------------------------- PETITIONER(S): ----------------- S.BAHULEYAN SENIOR BRANCH MANAGER (UNDER SUSPENSION) DISTRICT CO-OPERATIVE BANK LTD, KOLLAM RESIDING AT BUGLAVI, KADAKKAVOOR PO, THIRUVANANTHAPURAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): ------------------- 1. THE DISTRICT CO-OPERATIVE BANK LTD REPRESENTED BY ITS GENERAL MANAGER, KOLLAM. 2. THE PRESIDENT DISTRICT CO-OPERATIVE BANK LTD, KOLLAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR, SRI.B.VINOD, SC FOR CO-BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 15239 OF 2009 (Y) ===================== Dated this the 11th day of June, 2009 J U D G M E N T Heard the counsel for the petitioner, Sri.B.Vinod who entered appearance on behalf of respondents 1 and 2 and the learned Government Pleader on behalf of respondents 3 and 4. 2. Petitioner was working as the Senior Branch Manager of the Anchal Main Branch of the 1st respondent Bank. By Ext.P1 order dated 30/8/07, on the allegation of certain misconducts, he was placed under suspension. In so far as this writ petition is concerned, all that is relevant to notice is that the period of suspension was extended for a period of six months w.e.f.30/8/08 by Ext.P9 order. The extended period expired on 28/2/2009. Thereafter no prior approval of the Registrar has been obtained for his continued suspension, as contemplated in Rule 198 of the Kerala Co-operative Societies Rules and on that basis, petitioner seeks an order that he should be reinstated in service. 3. Counsel for respondents 1 and 2 has no case that any approval for the continued suspension of the petitioner beyond 28/2/2009 has been obtained. According to them, though they WPC 15239/09 :2 : have applied for such extension and the Joint Registrar has recommended the same, no order has so far been passed on the application made by them. 4. In view of the admitted fact that there is no prior approval of the Registrar as contemplated in Rule 198 of the Kerala Co-operative Societies Rules for keeping the petitioner under suspension beyond 28/2/2009, his continuance in suspension beyond that date is clearly illegal and therefore he has to be reinstated in service. Therefore, the writ petition is disposed of directing the 1st respondent to reinstate the petitioner in service on the production of a copy of this judgment. It is clarified that this judgment shall be without prejudice to the right of respondents 1 and 2 to continue the disciplinary proceedings. ANTONY DOMINIC, JUDGE Rp