IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 17046 of 2009(A) -------------------------- PETITIONER(S): --------------- P.J.CHACKO, AGED 55, S/O. T.P.ULAHANNAN, PITTAPILLIL HOUSE, KADAVUR.P.O., POTHANIKKAD, MOOVATTUPUZHA, ERNAKULAM DIST. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): --------------- 1. THE KADAVOOR SERVICE CO-OPERATIVE BANK LTD., NO.1882, REP. BY ITS SECRETARY KADAVOOR.P.O. MUVATTUPUZHA, ERNAKULAM DIST. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES TRIVANDRUM. 4. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. DEPARTMENT OF CO-OPERATION, GOVT. SECRETARIAT, TRIVANDRUM. 5. THE ENQUIRY OFFICER, KADAVOOR SERVICE CO-OPERATIVE BANK LTD NO.1882, KADAVOOR.P.O., MUVATTUPUZHA ERNAKULAM DIST. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.17046 OF 2009 ------------------------ Dated this the 19th day of June, 2009. JUDGMENT Petitioner is facing a domestic enquiry pursuant to Ext.P1 memo of charges. During the course of enquiry, he made Ext.P2 request to the Enquiry Officer for permitting him to avail of the services of a Lawyer to defend him in the enquiry. Ext.P3 is the objection filed by the Presenting Officer. Stating that the Enquiry Officer has rejected his request, this writ petition is filed. First of all, the order said to have been passed by the Enquiry Officer rejecting Ext.P2 is not placed on record. In the absence of the said order, this court is disabled from appreciating the reasons of the Enquiry Officer. That apart, even if the request is rejected and as a result of which natural justice is violated, it may vitiate the enquiry. It is for the petitioner to urge this as a contention before the WP(c).No.17046/09 2 disciplinary authority after the report is submitted. At this stage this court will not be justified in interfering with the proceedings. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.17046/09 3