IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 W.A.No. 1573 of 2008 ----------------------------------- AGAINST JUDGMENT IN W.P.(C) NO.29134/2006 DATED 2.6.2008 APPELLANT/PETITIONER: ------------------------------------- M.E.SAVITHRI, W/O LATE VIJAYAN K.M., KANMANA ILLOM, MUCHUKUNNU P.O., QUILANDY. BY ADV. SRI.K.I.MAYANKUTTY MATHER SMT.S.AMINA RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. QUILANDY SERVICE CO-OPERATIVE SOCIETY BANK LTD., REPRESENTED BY ITS SECRETARY, QUILANDY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, QUILANDY. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV.SRI.P.P.JACOB R2 TO R4 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No. 1573 of 2008 ------------------------------------------ Dated, this the 3rd day of September, 2008 JUDGMENT H.L.Dattu, C.J. Being aggrieved by the orders passed by the learned Single Judge in W.P.(C) No.29134 of 2006 dated 2nd June, 2008, the petitioner in the writ petition has presented this writ appeal. (2) Several orders have been passed by the authorities under the Kerala Co-operative Societies Act ('the Act' for short), and also by the State Government. Those orders were the subject matter of the writ proceedings. (3) The sum and substance of the relief sought for by the petitioner in the writ petition was to direct the first respondent Co-operative Bank to provide compassionate appointment to her in view of the death of her husband who was working as Branch Manager of the first respondent Co-operative Bank. (4) While in service, the first respondent Co-operative Bank lodged a complaint against the petitioner's husband for falsification of accounts and misappropriation of the Bank's funds. The Bank has lodged the W.A.No.1573 of 2008 2 complaint before the jurisdictional police authorities and in that, apart from others, they have arrayed the petitioner as one of the accused persons. (5) Investigation on the complaint filed by the first respondent Co-operative Bank is still going on. So far, the investigating agency has not pinpointed out the involvement of the petitioner in the offence alleged against her husband and the other persons. But one thing is certain, that, the petitioner's name finds a place in the First Information Report lodged by the first respondent Co-operative Bank. That only means, that, she is an accused person in a criminal case. The police authorities are yet to file charge sheet before the jurisdictional court. (6) At this stage, in our opinion, it may not be proper for this Court in exercise of its extra-ordinary, discretionary and equitable jurisdiction, to direct the first respondent Co-operative Bank to appoint a person on compassionate grounds in the service of the Bank, whose name finds a place in the First Information Report lodged by the Bank. Keeping this aspect of the matter and other relevant provisions of the Act in view, the learned Single Judge, in our opinion, has rightly rejected the writ petition filed by the petitioner for grant of the relief indicated by us earlier. (7) Having carefully perused the orders passed by the learned Single Judge, we are of the opinion, that, the learned Judge has W.A.No.1573 of 2008 3 not committed any error whatsoever which would call for our interference. Therefore, while concurring with the findings and conclusions reached by the learned Single Judge, we reject the writ appeal. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns