IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20334 of 2008(U) -------------------------- PETITIONER: ------------ P.S.SURESH KUMAR SECRETARY,UNDER SUSPENSION, CHERTHALA SERVICE CO-OPERATIVE BANK LTD NO 1688 RESIDING AT KULATHARAKKATTU ,C.M.C-9,CHERTHALA P.O BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),ALAPPUZHA. 2. THE ADMINISTRATOR CHERTHALA SERVICE CO-OPERATIVE BANK LTD NO 1688 CHERTHALA, ALAPPUZHA DISTRICT 3. CHERTHALA SERVICE CO-OPERATIVE BANK LTD NO 1688 REPRESENTED BY ITS SECRETARY CHERTHALA, ALAPPUZHA DISTRICT 4. THE ENQUIRY OFFICER CHERTHALA SERVICE CO-OPERATIVE BANK LTD NO 1688 CHERTHALA, ALAPPUZHA DISTRICT . R1 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.20334 OF 2008 ------------------------------------------- Dated this the 10th day of July, 2008 JUDGMENT The petitioner challenges the initiation of disciplinary proceedings by the administrator in office. The contention raised is that the power to dismiss has to be treated as available only to a person or authority with a power to appoint and therefore, the administrator cannot initiate disciplinary proceedings which may visit the petitioner with the penalty of dismissal from service. That question need not be answered in this case for the very simple reason that the election to the committee of the society is scheduled to be held on 7.9.2008. The power of the administrator to initiate disciplinary proceedings cannot be disputed. If at all, all that could be disputed is the power to impose a particular punishment. Therefore, the initiation of enquiry proceedings and the power of the enquiry officer cannot be found fault with. Hence, this writ petition is ordered directing that though enquiry proceedings could be completed by the enquiry officer, 4th respondent, WPC.20334/08 Page numbers further proceedings on the basis of that enquiry report shall not be taken against the petitioner before an elected committee comes into office. It is so directed. It is further directed that if the petitioner stands ex parte in the enquiry proceedings, the enquiry officer will consider any application by the petitioner for leave to appear and continue to participate in those proceedings. All other contentions are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.10/7.