IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 15950 of 2008(W) --------------------------------------- PETITIONER: ----------------- C.K.SHAJI MOHAN, JUNIOR SUPERVISOR, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. A-327, CHERTHALA. BY ADV. SRI.D.SOMASUNDARAM RESPONDENTS: ---------------------- 1. CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.A-327, CHERTHALA, REPRESENTED BY ITS SECRETARY. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA. BY SPL. GOVERNMENT PLEADER SMT.A.G.ANEETHA (CO-OP.) ADV. SRI.S.P.ARAVINDAKSHAN PILLAY - R1 SMT.N.SANTHA - R1 SRI.K.A.BALAN - R1 SRI.PETER JOSE CHRISTO - R1 SRI.S.A.ANAND - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15950/2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RESOLUTION NO.154 DATED 16/05/2006. EXT.P2: COPY OF THE ORDER DATED 16/05/2006. EXT.P3: COPY OF THE ORDER DATED 25/05/2007. EXT.P3(a): COPY OF THE ORDER DATED 19/07/2006. EXT.P4: COPY OF THE ORDER DATED 29/06/2006. EXT.P5: COPY OF THE JUDGMENT IN W.P.(C). NO.17409/2007 DATED 24/03/2008. EXT.P6: COPY OF THE ORDER OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.15950 of 2008 ================================== Dated this the 2nd day of July, 2008. JUDGMENT Petitioner now aged about 53 years had been serving the first respondent. While so, he submitted his resignation on 27-3-2006. That was accepted with effect from 1-4-2006. He was relieved. The committee thereafter resolved to re- admit him to duty accepting his request for leave and to withdraw the resignation. That decision was rescinded by the Joint Registrar at the instance of a member of the bank, now stated to be no more. This Court, in rendering Ext.P5 judgment in the writ petition filed by the petitioner, considered the various aspects of the matter and held that the decision to let the petitioner withdraw his resignation cannot be treated as totally illegal. There was some semblance of support in a Government decision occurring at the foot of Rule 23 of Part I WPC15950/08 -:2:- KSR. It was accordingly held that since the KCS Act and Rules framed thereunder as also the circulars issued by the Registrar did not directly govern the field, it was appropriate that the resolution of the board of the bank permitting the petitioner to withdraw the resignation ought to have been placed before the Registrar for approval. It was also categorically held in paragraph 8 of Ext.P5 judgment that, as a matter of fact, the reasons were overwhelming for the Registrar to grant approval for the resolution. But, at that point of time, this Court kept away from the domain of the Registrar and thought unnecessary to step in and pass final orders. Petitioner was accordingly relegated to the Joint Registrar exercising the functions of the Registrar. A complete reading of Ext.P5 judgment and understanding it in letter and spirit would have normally guided any administrative authority to conclude that the resolution of the board of the bank permitting the WPC15950/08 -:3:- petitioner to withdraw his resignation was only to be approved. But the impugned Ext.P5 decision has been rendered by the Joint Registrar refusing to do so. This has been done on the premise that the Kerala Co-operative Societies Act and Rules do not contain any provision for resignation and the Kerala Service Rules do not apply and therefore the Joint Registrar is powerless. This, by itself, is a wrong procedure because, the concurrence of the Registrar is required only in cases where the Act, Rules and Circulars do not provide for a particular situation. Therefore, it would be superfluous for the Joint Registrar to say that the power cannot be exercised because, the Rules do not provide for the situation. Hence, Ext.P6 decision has to go. In rendering Ext.P6 decision, the Joint Registrar has not found any other reason to refuse approval for the resolution of the board of the bank permitting the petitioner to withdraw his resignation. Therefore, it goes without saying WPC15950/08 -:4:- that the said resolution needs to be approved and by the force of this judgment, Ext.P6 will stand set aside and for all intends and purposes, it is declared that the resolution of the Board of Directors, namely Ext.P1, has the approval of the Joint Registrar in terms of law. All necessary consequences on the basis of this declaration shall follow. Writ petition is allowed as above. No costs. Thottathil B.Radhakrishnan, Judge. sl.