IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 4111 of 2008(M) ------------------------- PETITIONER: ------------ V.T.CHANDRAN, PRESIDENT, VELUR SERVICE CO-OP. BANK LTD.NO.465, VELUR P.O., THRISSUR. BY ADV. SRI.P.N.MOHANAN RESPONDENTS: ------------- 1. JOINT REGISTRAR OF CO-OP.SOCIETIES (G) THRISSUR. 2. ASST.REGISTRAR OF CO-OP.SOCIETIES (G), THALAPPALLY. 3. REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 4111 of 2008-M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 5th day of February, 2008 J U D G M E N T Heard the learned counsel for the petitioner and the learned Senior Government Pleader. 2. Petitioner is the President of a Co-operative Bank. It appears that on an enquiry, he stands indicted on certain grounds. That report is under challenge before the competent authority, contending that the views stated in that report are totally baseless. The issue relating to that report had gained the attention of this Court earlier in two writ petitions, jointly disposed of as per Ext.P8 judgment. It was directed by this Court that it is totally inappropriate that further action follows on the basis of the recommendations in that report or on the basis of the statement thereon, by treating them as findings and still further, that the petitioner is entitled to be heard in relation to that report, by affording a full opportunity of hearing, touching various aspects of the matter. A decision was therefore directed to be taken W.P.(C).No.4111/2008-M -: 2 :- untrammelled by any recommendation in the report regarding any action to be taken. However, the impugned Ext.P9 followed, making reference to Ext.P8 judgment and also to the report dealt with in that judgment. Ext.P9 itself reiterated that in the report it has been found that the petitioner has misused his official phone for the business purposes of his wife. This allegation is essentially one that is contained in the report. Under the above circumstances, this writ petition is disposed of directing that any further proceedings on the basis of Ext.P9 shall stand deferred until a final decision is taken following Ext.P8 judgment and that no action shall be taken against the petitioner on the basis of Ext.P9 before a decision is taken in terms of Ext.P8 judgment and without affording him an opportunity to answer the allegations in Ext.P9, that too, only after a decision is rendered as directed in Ext.P8 judgment. THOTTATHIL B.RADHAKRISHNAN, Judge ms