IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WA.No. 1246 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.4545/2004 Dated 13/02/2008 .................... APPELLANT/ PETITIONER ------------------------------------- DEVASSIA P.J., S/O.JOSEPH, 47 YEARS, MANAGER, MUKKAM SERVICE CO-OP. BANK LTD., MUKKAM P.O., KOZHIKODE DISTRICT, PIN-673 602. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.SAGEER IBRAHIM RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., DEPARTMENT OF CO-OPERATION(C), GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OP. SOCIETIES, KOZHIKODE. 3. THE MUKKAM SERVICE CO-OP. BANK LTD. NO. T. 1241, KOZHIKODE, REP. BY ITS SECRETARY. 4. THE BOARD OF DIRECTORS OF THE MUKKAM SERVICE CO-OP. BANK LTD. NO. T. 1241, KOZHIKODE, REP. BY ITS PRESIDENT. BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA ADV. SRI.V.G.ARUN- R3 & R4. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- W.A.NO.1246 OF 2008-E ---------------------------------------------------- Dated this the 24th day of June, 2008. JUDGMENT Koshy, J: While the appellant was working as Chief Accountant in the service of the 3rd respondent, he was charge sheeted for certain alleged misconduct. Following enquiry, the sub committee decided against the appellant and imposed demotion by two stages. The Joint Registrar by Ext.P13 set aside the same. But the Government in exercise of the revisional power held that there was only a technical breach and demotion by one stage is sufficient. Against the sub committee decision, the appellant has filed an appeal and the appellate committee dismissed the same. Normally, against the appellate committee decision, the Joint Registrar cannot take any action. The Joint Registrar's action is also mentioned in the Government order. Therefore, the matter has become final. Since the appellant did not join duty, society terminated his service on the ground of unauthorised absence. By Ext.P14 the Joint Registrar interfered in the order and ordered to reinstate the petitioner in service. The appeal filed was W.A.NO.1246/08 . 2 dismissed as not maintainable. The learned Single Judge noticed that proportionality of the punishment has to be looked into by the appellate committee of the society and directed the committee to hear as regards proportionality of the punishment. Now by Annexure-B, that judgment was implemented. We are of the opinion that there is no ground to interfere with the impugned judgment. If the appellant is aggrieved by Annexure- B, it is for him to challenge Annexure-B according to law. Without prejudice to his right, this writ appeal is dismissed. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl W.A.NO.1246/08 . 3