IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(C).No. 12854 of 2010(F) -------------------------- PETITIONER(S): --------------- K.G.ARUN, INTERNAL AUDITOR, ULIYACOVIL SERVICE CO-OPERATIVE BANK LTD. NO.Q.1003, ULIYAKOVIL, KOLLAM RESIDING AT PRAKASH MANDIRAM, ULIYACOVIL, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 2. THE ULIYACOVIL SERVICE, CO-OPERATIVE BANK LTD.NO.Q.1003, ULIYAKOVIL, KOLLAM REPRESENTED BY ITS SECRETARY. 3. S.SAJITH, BOARD MEMBER, ULIYACOVIL SERVICE CO-OPERATIVE BANK LTD. NO.Q.1003, ULIYAKOVIL, KOLLAM. 4. THE PRESIDENT, ULIYACOVIL SERVICE CO-OPERATIVE BANK LTD. NO.Q.1003, ULIYAKOVIL, KOLLAM. BY G.P.SRI.MOHAMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.12854 of 2010 ---------------------------- Dated 20th April, 2010 JUDGMENT The petitioner is an employee of the second respondent society. He was placed under suspension pending disciplinary action by Ext.P4 order dated 26.3.2010. Aggrieved thereby he has filed Ext.P5 representation before the Joint Registrar of Co-operative Societies, Kollam invoking the power of the Joint Registrar of Co- operative Societies under Rule 176 of the Kerala Co-operative Societies Rules, 1969. In this writ petition, the petitioner challenges Ext.P4. In the alternative, he seeks a direction to the Joint Registrar of Co-operative Societies, Kollam to consider Ext.P5 representation and pass orders thereon within a time limit to be fixed by this Court. 2. I heard Sri.Johnson Gomez, learned counsel appearing for the petitioner and Sri.Mohamed Hashim, learned Government Pleader appearing for the first respondent. In the nature of the order that I propose to pass in this case, I do not deem it necessary to issue notice to or hear respondents 2 to 4. Ext.P4 order of suspension discloses that the petitioner was placed under suspension pursuant to the decision adopted by the Managing Committee of the WP(C).No.12854/2010 2 second respondent society. Rule 176 of the Kerala Co-operative Societies Rules, 1969 empowers the first respondent to interfere with resolutions adopted by the Managing Committees of co-operative societies even in relation to disciplinary proceedings initiated against their employees. In such circumstances, I am of the opinion that the first respondent should consider Ext.P5 representation and take a decision thereon after affording the petitioner and respondents 2 to 4 herein a reasonable opportunity of being heard. I accordingly dispose of this writ petition with a direction to the first respondent to consider Ext.P5 representation and take a decision thereon after affording the petitioner and respondents 2 to 4 a reasonable opportunity of being heard. Final orders on Ext.P5 shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition complete in all aspects before the first respondent. The petitioner shall, within one week from the date of receipt of a copy of this judgment furnish photostat copies thereof along with copies of the writ petition complete in all aspects to respondents 2 to 4 also. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN Judge TKS