IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 36822 of 2008(H) -------------------------- PETITIONER: ------------------- G.SURENDRAN, BRANCH MANASGER, UNDER ORDER OF SUSPENSION), CHEMMARUTHY SERVICE CO.OP.BANK LTD.NO.T.328, PANAYARA PO., VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.P.N.MOHANAN. RESPONDENTS: ----------------------- 1. CHEMMARUTHY SERVICE CO.OP.BANK LTD.,NO.T .328, , PANAYARA PO., VARKALA, THIRUVANANTHAPURAM, REP. BY ITS PRESIDENT. 2. JOINT REGISTRAR OF CO-OP.SOCIETIES, THIRUVANANTHAPURAM. 3. V.SAJU, CONVENER OF DISCIPLINARY SUB COMMITTEE, CHEMMARUTHY SERVICE CO.OP.BANK LTD.NO. T.328, PANAYARA PO., VARKALA, THIRUVANANTHAPURAM. R2 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R1 & R3 BY ADVS. SRI.M.RAJAGOPALAN NAIR, SRI.G.BIJU, SRI.S.JAYAPRAKASH (MADAVOOR). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.36822 of 2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6th day of January, 2009. JUDGMENT This writ petition is filed challenging disciplinary proceedings. According to the petitioner, the only allegation against him is that he had availed casual leave for nearly a week on grounds attributable to ill-health. He alleges that neither the Enquiry Officer nor the Disciplinary Authority is entitled to sit in judgment over the wisdom of the medical expert who granted the certificate. As of now, during the pendency of this writ petition, the petitioner has been terminated from service following the decision of the Sub Committee of the employer society. The petitioner, therefore, has an intra-institutional appeal to the Board of Directors (Committee). After exhausting that, he may even have remedy by way of arbitration under WP(C)36822/08 -: 2 :- Section 69 of the KCS Act. But, it is pointed out on behalf of the petitioner that the petitioner is due to retire by the last working day of June, 2009 and it will only be continued harassment to keep him out of office. Under such circumstances, this writ petition is ordered directing that if the petitioner files his appeal to the committee at the earliest, that will be considered and disposed of within a period of two weeks from the date of receipt of that appeal and a decision rendered to facilitate the petitioner to move the appropriate authority for further statutory remedy, if necessary. All other issues are left open. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/060109