IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 33054 of 2011(F) ---------------------------------- PETITIONER(S): ------------------- P.J.JOSE, PURAYIDATHIL, POONJAR P.O., PANACHIKAPPARA. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): -------------------- 1. THE MEENACHIL EAST URBAN CO-OPERATIVE BANK LTD., NO.4266, REPRESENTED BY ITS SECRETARY, OFFICE OF THE MEENACHIL EAST URBAN CO-OPERATIVE BANK LTD., POONJAR THEKKAKKARA P.O., KOTTAYAM DISTRICT, PIN 686582. 2. THE MANAGING COMMITTEE OF THE MEENACHIL EAST URBAN CO-OPERATIVE BANK LTD., NO.4266, REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE MEENACHIL EAST URBAN CO-OPERATIVE BANK LTD., POONJAR THEKKAKKARA P.O.,KOTTAYAM DISTRICT, PIN 686582. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION P.O., KOTTAYAM, PIN 686502. R3 BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 33054/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 3.3.2011 IN ARC NO.99/2009 BEFORE THE CO-OPERATIVE ARBITRATION COURT. P2: COPY OF THE ORDER OF THE DISCIPLINARY COMMITTEE DATED 26.5.2011. P3: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT MANAGING COMMITTEE OF THE 1ST RESPONDENT-BANK. P4: COPY OF THE POSTAL RECEIPT SHOWING THE SENDING OF THE APPEAL AND THE COPY OF THE ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF THE APPEAL AT THE OFFICE BANK. P5: COPY OF THE STAY PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT MANAGING COMMITTEE OF THE 1ST RESPONDENT BANK. P6: COPY OF THE REPRESENTATION DATED 10.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT-JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33054 OF 2011 -------------------------- Dated this the 12th day of December, 2011 J U D G M E N T The petitioner is a former employee of the first respondent co- operative society. He was dismissed from service on 18.3.2009 by the convenor of the disciplinary sub committee of the first respondent bank. An appeal to the managing committee was also rejected. He thereafter moved the Co-operative Arbitration Court by filing ARC No.99 of 2009 under section 69 of the Kerala Co-operative Societies Act, 1969. By Ext.P1 judgment delivered on 3.3.2011 the Co- operative Arbitration Court allowed the arbitration case, set aside the impugned orders and remitted the matter back to the disciplinary authority for the purpose of altering the punishment of dismissal from service into a lesser punishment, proportionate to the gravity of the charges proved against the petitioner. By Ext.P2 order dated 26.5.2011 the disciplinary sub committee imposed on the petitioner the punishment of compulsory retirement from service with effect from 16.3.2009. Aggrieved thereby, the petitioner has filed Ext.P3 appeal before the managing committee of the first respondent society accompanied by Ext.P5 application seeking a stay of operation of the order imposing the punishment of compulsory retirement from WPC No.33054/2011 2 service. This writ petition is filed mainly seeking an expeditious disposal of the said appeal. 2. When the writ petition came up for admission hearing today, Sri.Shaji Thomas Porakkattil, learned counsel appearing for respondents 1 and 2 submitted that the managing committee of the first respondent co-operative society will examine Ext.P3 appeal and take an appropriate decision thereon after affording the petitioner a reasonable opportunity of being heard. In the light of the said submission and having regard to the fact that disciplinary action was initiated against the petitioner in the year 2008 and the petitioner has already attained the age of superannuation in the year 31.5.2011, I dispose of the writ petition with a direction to respondents 1 and 2 to dispose of Ext.P3 appeal expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary of the first respondent bank and after affording him a reasonable opportunity of being heard. P.N.RAVINDRAN, (JUDGE) vps WPC No.33054/2011 3