IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 34726 of 2008(H) -------------------------------------- PETITIONER: ------------------ C.S.PANKAJAKSHAN, PRESIDENT, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A 327, CHERTHALA, PIN : 688 524, RESIDING AT "KEERTHY", C.M.C. 26, CHERTHALA, PIN : 688 524. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO RESPONDENT(S): ------------------------ 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA, PIN : 688 011. 2. A.ABDUL SAMADKUTTY, ASSISTANT REGISTRAR/VALUATION OFFICER, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD.NO.A 327, CHERTHALA, PIN: 688 524. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.34726 OF 2008 (H) ------------------------------------------------------ Dated this the 1st day of December, 2008 J U D G M E N T The petitioner, President of a co-operative Bank, challenges Exhibit P6 proceedings initiated under Section 65 of the Kerala Co- operative Societies Act, 1969, for short, the “Act”. Going by Exhibit P7 objections filed against Exhibit P6, the ground of challenge is, fundamentally, that Sri.A.Adbul Samadkutty, the second respondent herein, ought not have been appointed as Enquiry Officer since he had generated several reports against the interest of the society and would be biased as an Officer to conduct the enquiry under Section 65 of the Act, that too in relation to the allegations made on the basis of such reports. These are matters for the consideration of the officer who controls such an enquiry. The first respondent has already been appraised by the petitioner about his objections. Exhibit P7 is, therefore, to be considered and decided upon, in accordance with law. W.P.(C) No.34726/2008 - 2 - Under such circumstances, the first respondent is directed to consider the objections stated in Exhibit P7 and take appropriate decision thereon within a period of three weeks from now so that the enquiry proceedings need not be held back even if there is a change in the officer. The second respondent shall not complete any enquiry in the meanwhile. All other contentions are left open. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/1/12 // True copy // P.A. to Judge.