IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10518 of 2008(B) -------------------------- PETITIONER: -------------------- IRINJALAKUDA SERVICE CO-OP BANK LTD. NO: R 594, REP. BY ITS SECRETARY IN-CHARGE, RUBY P.J., AGED 40 W/O. O.D. FRANCIS ODATHIKAL HOUSE KOMBARA, IRINJALAKUDA P.O THRISSUR DIST. BY ADV. SRI.SHEEJO CHACKO SRI.M.N.MANOJ SRIA.G.UNNIKRISHNAN RESPONDENTS: ------------------------ 1. IRINJALAKUDA TOWN CO-OP. BANK LTD. NO:55 REP. BY ITS GENERAL MANAGER IRINJALAKUDA P.O., THRISSUR DIST. 2. THRESSYA THOMAS KORATH HOUSE CHELOOR, IRINJALAKUDA P.O. MANAVALASSERY VILLAGE, THRISSUR DIST. 3. JIJO THOMAS K. S/O. THOMAS KORETH HOUSE, CHELOOR IRINJALAKUDA P.O., THRISSUR DIST. 4. SANJAYAN P.V., VELAYUDHAN P.O. AVITTATHUR VILLAGE, AVITTATHUR P.O. THRISSUR DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 10518/08 THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------------ W.P.C. No 10518 of 2008 ------------------------------------------------------------------------ Dated this the 28th March 2008 JUDGMENT Having heard learned counsel for the petitioner and the Senior Government Pleader on the question arising for decision, notices to respondents are dispensed with preserving their right to move for review of the judgment, if aggrieved. 2. The petitioner states that respondents 2 to 4 are defaulters of the loan facility availed with the support of agreement under Section 37 (1) of the Kerala Co-operative Societies Act. Section 37 (2) obliges the employer to make deduction when demand is made on the basis of an agreement under Section 37 (1). Failure to satisfy the said demand is an offence under the law. After conviction for such offence it may also be a situation which can be characterised as an offence disclosing gross dereliction of official, public and statutory duties. This may also affect the career of the officers who are obliged under Section 37 (2) to take action. 3. Under such circumstances, first respondent is directed to take appropriate action on the request of the petitioner for recovery of the amount due to the petitioner from the salary of respondents 2 to 4. The action, if any, WPC 10518/08 2 already taken and that the deduction for the next three months shall be informed to this court by an affidavit filed before the Registrar General of this court after four months from the date of receipt of a copy of this judgment. The petitioner is directed to place a copy of the judgment and copy of the writ petition before the first respondent. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge 28/03/2008 en [true copy]