IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WA.No. 1183 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.5944/2009 Dated 25/02/2009 .................... APPELLANT(S): PETITIONER IN WPC 5944/09 ------------------------------- MUHAMMED V. SECRETARY,KUZHIMANNA SERVICE CO-OPERATIVE BANK LTD. D 1899,KIZHISSERI P.O. KUZHIMANNA - 673 641. BY ADV. SRI.P.P.JACOB RESPONDENT(S): RESPONDENTS IN WPC 5944/09 --------------------------------- 1. KUZHIMANNA SERVICE CO-OPERATIVE BANK LTD.D-1899,KIZHISSERI P.O., KUZHIMANNA -673 641, REPRESENTED BY ITS PRESIDENT. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) MALAPPURAM. SENIOR GOVT. PLEADER SRI.BENNY GERVASIS FOR R2 SRI.BABU S. NAIR FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1183 OF 2009 --------------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner in the Writ Petition. He approached this Court complaining of the procedural illegality committed by the disciplinary authority in imposing a graver punishment than what is suggested in the show cause notice. The learned Single Judge relegated the petitioner to pursue the remedy under Section 69 of the Co-operative Societies Act. In view of the admitted factual position, we do not think that the petitioner should be relegated to pursue that remedy. The contention is that the proceedings are vitiated. In case, the graver punishment was to be imposed, even by reversing the findings in the domestic enquiry, there is a procedure established under law. It is certainly open to the petitioner to follow that procedure and take appropriate action, in accordance with law. Without prejudice to such liberty to the respondent- Co-operative Society, Exts.P4 and P5 are quashed. The Writ Appeal is allowed as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc W.A. NO.1183 of 2009 2