IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 14451 of 2008(U) --------------------------------------- PETITIONER: ------------------- N.T.RAGHAVAN, UNIT INSPECTOR OF CO-OP. SOCIETIES, THYCATTUSSERY, UNIT AND PART-TIME ADMINISTRATOR OF CHERTHALA SERVICE CO-OP. BANK LTD.NO.1688(UNDER SUSPENSION), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), CHERTHALA. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN-695 001. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA, PIN-688 001. 4. COMMISSIONER OF INCOME TAX, KOTTAYAM, PIN-686 001. 5. INCOME TAX OFFICER, WARD I, ALAPPUZHA, PIN-688 011. 6. CHERTHALA SERVICE CO-OPERATIVE BANK LTD. NO.1688, CHERTHALA, PIN-688 524, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SMT. A.G. ANEETHA, ADV. SRI.G.GOPAKUMAR (CHERTHALA) - R6, ADV. SRI. GEORGE K. GEORGE, SC. I.T. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14451/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. C.R.P.1/6923/07 DTD. 17/10/2007 OF THE R.3. EXT.P.2: COPY OF THE ORDER NO. ACAPT 4131/H/W-1/ALP/04-05 DTD. 01/12/2004 OF THE R.5. EXT.P.3: COPY OF THE NOTICE NO. ACAPT 4131 H DTD. 03/10/2006 OF THE R.5. EXT.P.4: COPY OF THE LETTER NO. ACAPT 4131/H/W-1/ALP/06-07 DTD. 03/10/2006 ADDRESSED TO THE MANAGER OF THE BANK, THE INCOME TAX OFFICER WARD-I, ALAPPUZHA. EXT.P.5: COPY OF THE LETTER DTD. 06/10/06. EXT.P.6: COPY OF THE LETTER NO. CRP/1/1783/03 DTD. 24/12/2007 ADDRESSED TO THE SECRETARY OF THE BANK. EXT.P.7: COPY OF THE LETTER DTD. 21/01/2008 ADDRESSED TO THE SECRETARY OF THE BANK. EXT.P.8: COPY OF THE LETTER DTD. 29/01/2008. EXT.P.9: COPY OF THE NOTICE DTD. 27/03/2008 TO THE BANK. EXT.P.10: COPY OF THE LETTER DTD. 18/04/2008 OF THE BANK. EXT.P.11: COPY OF THE ORDER NO. V2.20531/08 DTD. 03/05/2008 OF THE R.2, REGISTRAR OF CO-OPERATIVE SOCIETIES. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE LETTER. EXT.R2.B: COPY OF THE ORDER FREEZING THE ACCOUNT. EXT.R2.C: COPY OF THE LETTER DTD. 14/09/2007. EXT.R2.D: COPY OF THE REPORT OF ASST. REGISTRAR (G), CHERTHALA. EXT.R2.E: COPY OF THE REPORT DTD. 26/04/2008. //TRUE COPY// prv. V.GIRI, J. ------------------------- W.P.(C).No.14451 of 2008 U ------------------------- Dated this the 17th day of June, 2008. JUDGMENT The petitioner, who is a Unit Inspector of Co-operative Societies, was appointed as Part-time Administrator of the 6th respondent Bank as per Ext.P1. While so functioning, he was placed under suspension vide Ext.P11 order passed by the 2nd respondent. The same has been challenged in this writ petition. Several grounds have been taken up in this writ petition challenging Ext.P11. 2. The respondents have filed a detailed counter affidavit. I heard the matter elaborately. But, I find that, in the facts and circumstances of the case, it is better that the petitioner approaches the Registrar himself. This is because the suspension relates to the alleged act of the petitioner while acting as Part-time Administrator of the Co-operative Society. The petitioner continues to be a member of the Department. There is no reason why the petitioner should not be given a suitable posting in any other place. 3. If the Registrar is of the opinion that the petitioner can be posted at a place where he W.P.(C).NO.14451/08 :: 2 :: will not, in any manner, be able to influence any one in connection with the enquiry that may be launched into the allegations contained in Ext.P11, such posting can be given. 4. I also find that the allegation essentially relates to the petitioner as a Part- time Administrator, acting as per the Garnishee Notice issued by the Income Tax Department. In such circumstances, even if an enquiry is ultimately conducted, it can be conducted with the materials which are already available on record. The chances of the petitioner interfering with the enquiry, as such, in such circumstances, may not be very pronounced. 5. I have made the above observation only in the context of impressing upon the Registrar to consider the petitioner's request for revocation of suspension, with utmost expedition. 6. In the result, the writ petition is disposed of permitting the petitioner to seek revocation of Ext.P11. If an application is filed within two weeks from today, it shall be considered under Rule 10(6) of the Kerala Civil Services (Classification, Control and Appeal) W.P.(C).NO.14451/08 :: 3 :: Rules, 1960. An order shall be passed within a period of four weeks thereafter, in the light of the observations made above. The petitioner shall be heard before an order is passed. The other contentions raised by the petitioner are left open. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the Registrar, for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge