IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WA.No. 1550 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24169/2010 Dated 03/08/2010 .................... APPELLANTS/ RESPONDENTS 5 & 6 IN WPC NO.24169/2010 ---------------------------------------------------- 1. MOOKKANNOOR SERVICE CO-OPERATIVE BANK LTD.NO.62, MOOKKANNOOR.P.., ERNAKULAM PIN-683577, REPRESENTED BY ITS SECRETARY. 2. BOARD OF DIRECTORS OF THE MOOKKANNOOR SERVICE CO-OPERATIVE BANK LTD. NO. 62, MOKKANNOOR.P.O., ERNAKULAM-683577. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4 IN WPC 24169/10 -------------------------------------------------------------- 1. SAJU PAUL, MATTEKKAL HOUSE, MOOKKANNUUR.P.O., ERNAKULAM, PIN-683577. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695001. 3. THE JOINT REGISTRAR OF (AUDIT) CO-OPERATIVE SOCIETIES, ERNAKULAM, PIN-682011. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), ALUVA, ERNAKULAM-683101. 5. THE DIRECTOR OF CO-OPERATIVE (AUDIT) CO-OPERATIVE DEAPRTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------- W.A No.1550 of 2010 -------------------------- Dated this the 16th September, 2010 J U D G M E N T Ramachandran Nair, J. First respondent is a member of the 1st appellant Bank who has raised allegation against the Managing Committee of the Bank stating that Bank's funds are misappropriated by them. A complaint filed before the Joint Registrar (Audit) was not seriously taken note of by him. Accordingly, petitioner approached this Court for a direction to the Joint Registrar (Audit) to conduct enquiry, inspection and investigation based on respondent's complaint. The court allowed the prayer against which this writ appeal is filed. 2. The main objection raised by the appellant Bank is that the Joint Registrar (Audit) is not the authority to conduct an enquiry. We do not find any substance in the allegation because, according to the respondents, the Joint Registrar, Ernakulam is in charge of Audit. In any case, the Audit Officer will be the right officer to enquire into W.A No.1550 of 2010 2 the allegations or irregularities. If the appellants are not involved, they should co-operate with the enquiry so that they can get exoneration from the allegations. No adverse action will also be taken against the appellant Bank or Directors without giving them due opportunity of hearing. We do not find any merit in the appeal and the same is dismissed with the above observations. C.N.RAMACHANDRAN NAIR JUDGE K.SURENDRA MOHAN JUDGE ma