IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 19392 of 2010(Y) -------------------------- PETITIONER(S): ------------------------ 1. N.M.THOMMI, NEDUMTHADATHIL HOUSE, KADAVOOR.P.O, POTHANIKKADU, KOTHAMANGALAM. 2. SHAJI MOHAMMED, UTHINATT HOUSE, KADAVOOR.P.O, KADAVOOR, KOTHAMANGALAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. -------------------------------- W.P.(C).No.19392 of 2010 ---------------------------------------- Dated this the 22nd day of June, 2010 JUDGMENT The 1st petitioner is the former President and the 2nd petitioner is the Chairman of the Administrative committee for a period of 20 years of the Kadavoor Service Co- operative Bank Ltd.No.1882. One Sri.P.J.Chacko former Secretary in charge of the bank had committed a huge misappropriation in the bank. Therefore, disciplinary action was initiated against the said person, a domestic enquiry was conducted and on the basis of the said enquiry Sri.P.J.Chacko was removed from service by an order dated 23.10.2007. Sri.P.J.Chacko challenged his dismissal in appeal. The final order in the appeal is Ext.P4 by which, the appeal was dismissed. 2. Subsequently, an elected Managing Committee came into office on 5.4.2008. Sri.P.J.Chacko filed a writ petition, W.P.(C).No.12527/2008 before this Court suppressing the fact that Ext.P4 had already been issued, W.P.(C).No.19392 of 2010 2 dismissing his appeal. The writ petition was disposed of directing that a final decision should be taken in the appeal expeditiously. Thereupon, the successors in office of the petitioner decided to reinstate Sri.P.J.Chacko in office on 6.5.2008 and decided to pay an amount of Rs.2,16,000/- to the said person for the period that he was out of service. It is the case of the petitioner that Sri.P.J.Chacko was again suspended from service on 10.1.2009 for misappropriation of amounts from the bank. Then a domestic enquiry was conducted into the charges against him and he was dismissed from service on 5.10.2009. 3. According to the petitioners, the action of the Managing Committee in deciding to reinstate Sri.P.J.Chacko is unsustainable. Therefore, the 2nd petitioner has submitted Ext.P6 petition requesting that action be taken against the committee to recover the loss caused to the society by way of salary and other amounts paid to Sri.P.J.Chacko. It is submitted by the petitioner that pursuant to Ext.P6, an enquiry was conducted by the W.P.(C).No.19392 of 2010 3 Assistant Registrar on 8.7.2008. However, he complains that no orders have been passed on Ext.P6 by the respondents, thereafter, though almost two years are over. The petitioners, therefore, seek appropriate directions for the passing of appropriate orders on Ext.P6. The learned senior Government Pleader has no objection to such a direction being issued. In the above circumstances, this writ petition is disposed of directing the respondent to consider the grievances of the petitioners, set out in Ext.P6, in accordance with law, and to pass appropriate orders thereon as expeditiously as possible, at any rate within a period of two months from the date of receipt of copy of this judgment, after affording an opportunity of being heard to the petitioner and other interested persons also. K.SURENDRA MOHAN, JUDGE. mns