IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 33576 of 2007(V) -------------------------- PETITIONER: ------------ THE BOARD OF DIRECTOR OF VAYANAKAM SERVICE CO-OPERATIVE BANK LTD.NO.1483, VAYANAKAM, NJAKKAL P.O., OACHIRA, KOLLAM DISTRICT, REPRESENTED BY ITS PRESIDENT GOPINATHAN PILLAI. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM-695 001. 2. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KOLLAM. 3. ANIL KUMAR B., MEENATHERI VEEDU, VAYANAKOM, NJAKKAL P.O., OACHIRA, KOLLAM-690 533. BY GOVT. PLEADER SRI. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX in W.P.(C) 33576/2007 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RESOLUTION DT. 1.7.2006, CR. NO.48. EXT.P2 TRUE COPY OF THE APPLICATION DTD. JANUARY, 2006 SUBMITTED BY THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE PROCEEDINGS NO.C.R.P.(2) 6620/06 DTD. 23.2.2007 OF SECOND RESPONDENT. EXT.P4 TRUE COPY OF THE COMPLAINT DTD. 8.3.2007 GIVEN BY SR.NINAN PHILIP. EXT.P5 TRUE COPY OF THE CERTIFICATE DATED 5.3.2007 ISSUED BY SUB GROUP OFFICER, KANNANKUZHI. EXT.P6 TRUE COPY OF THE COMMITTEE REPORT DATED 12.6.07. EXT.P7 TRUE COPY OF THE COMMUNICATION NO.CRP (2) 3691/07 DT. 20.6.07 OF 2ND RESPONDENT. EXT.P8 TRUE COPY OF THE COMMUNICATION DTD. 2.7.07 ISSUED BY THE BANK TO 2ND RESPONDENT. EXT.P9 TRUE COPY OF THE COMMUNICATION DTD. 10.9.2007OF THE 2ND RESPONDENT. EXT.P10 TRUE COPY OF CR NO.133 DT. 16.10.2007 EXT.P11 TRUE COPY OF THE ORDER DATED 23.10.2007 IN W.P.(C) 31085/07 OF HON'BLE COURT. EXT.P12 TRUE COPY OF THE PROCEEDINGS NO.CRP (2) 3691/07 DTD. 2.11.07 OF 2ND RESPONDENT. EXT.P13 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO EXT.P12 DATED 13.11.2007. //true copy// P.A. To Judge. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33576 OF 2007 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The third respondent was appointed in the service of the petitioner in the dying-in-harness scheme. It later turned out that the third respondent was already employed with the Travancore Devaswom Board. The Petitioner, therefore, conducted an enquiry resulting in the termination of the service of the third respondent. That led to proceedings which ultimately led to interference of the Joint Registrar, directing the reinstatement of the third respondent. At the instance of one Muhammed Shan, that decision stands set aside by the judgment dated 13.11.2007 in W.P(C).No.31085/07. 2. This writ petition is filed by the society challenging the decision of the second respondent to supersede the Board on allegation of non compliance of the direction to reinstate the third respondent. That decision has been stayed by interim WPC.33576/07 Page numbers orders. Going by the judgment in W.P(C).No.31085/07, the very foundation of the order impugned in this writ petition has gone. The impugned order has also necessarily to go. In the result, the writ petition is allowed, quashing Ext.P12. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.