IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 24955 of 2009(L) ----------------------------------- PETITIONER: ------------------- PALLIKKAL SERVICE CO-OPERATIVE BANK LTD,.NO.722, REPRESENTED BY PRESIDENT, PAYYANALLOOR PO, PALLIKKAL, PATHANAMTHITTA. BY ADV. SRI.P.N.MOHANAN RESPONDENTS: ----------------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ADOOR. 2. K.B.RAJESWARA KURUP, ADVOCATE, PALLICAKL, PATHANAMTHITTA. R1 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD SRI. K.SHAJ FOR R2 SRI.SAJJU.S FOR R2 SRI.R.RAJAT FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.24955 OF 2009-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RANK LIST EXT.P2 TRUE COPY OF THE ORDER DATED 25.4.09 OF THE 1ST RESPONDENT EXT.P3 TRUE COPY OF THE JUDGMENT REPORTED IN 1998(1) KLT 275 / TRUE COPY / Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - -- - - - - - - - W.P.(C) No. 24955 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT The petitioner is a Service Co-operative Bank. It proceeded to make certain appointments of Peons. A selection was conducted after issuing public notice and calling for applications. A select list was prepared and the first rank holder was appointed. Later when a vacancy arose, the second rank holder was appointed. But, at that time, certain complaints were raised by the members of the society that led to the issuance of proceedings under Rule 176 of the KCS Rules. The petitioner challenged that notice. This Court relegated the petitioner to place objections to the proposal to invoke Rule 176. It is stated that this proceedings have not been concluded. 2. However, the 1st respondent Assistant Registrar has invoked authority under Section 66 of the KCS Act and that is impugned. 3. Until now, even following the notice dated 13.08.09 the Joint Registrar has not taken any final decision on the WPC No.24955 of 2009 -:2:- proceedings under Rule 176. The plea of the petitioner is that the complaint that led to this proceedings was merely politically motivated and there was no substance in the complaint. At any rate, the Assistant Registrar cannot override the Joint Registrar. The proceedings of the Joint Registrar had to be completed in view of the directions issued by this Court in WP(C) No.25822 of 2009. Accordingly, this Writ Petition is ordered directing that the impugned proceedings will stand suspended awaiting the result of the proceedings that the Joint Registrar would conclude under Rule 176 following the notice dated 13.08.09. The Joint Registrar of Co-operative Societies, before whom such proceedings is pending is directed by the force of this judgment, to take up that and conclude the proceedings thereon within an outer limit of 45 days of receipt of a copy of this judgment. All issues on merits of allegations are left open. Writ Petition is ordered accordingly. Thottathil B. Radhakrishnan, Judge. ttb WPC No.24955 of 2009 -:3:-