IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WA.No.359 of 2009 ---------------------- AGAINST THE JUDGEMENT IN WPC.33111/2008 Dated 19/12/2008 .................... APPELLANTS/PETITIONERS 1 & 3: ------------------------------------- 1. K.P.PAVITHRAN,SENIOR ASSISTANT, (UNDER SUSPENSION) KERALA STATE CO-OPERATIVE BANK LTD, WAYANAD BRANCH, WAYANAD. 2. P.SIVADASAN, JUNIOR ASSISTANT, (UNDER SUSPENSION), KERALA STATE CO-OPERATIVE BANK LTD, KARAMANA BRANCH, TRIVANDRUM. BY MR.S.SREEKUMAR, ADVOCATE. MR.P.MARTIN JOSE, ADVOCATE. MR.P.PRIJITH, ADVOCATE. MR.S.VAIDYANATHAN, ADVOCATE. RESPONDENTS/RESPONDENT AND 2ND PETITIONER: ----------------------------------------------------------- 1. KERALA STATE CO-OPERATIVE BANK LTD, THIRUVANANTHAPURAM REPRESENTED BY THE MANAGING DIRECTOR. 2. V.MOHAMMED AZEEM, JUNIOR ASSISTANT, (UNDER SUSPENSION) KERALA STATE CO-0PERATIVE BANK LTD, PATHANAMTHITTA BRANCH, PATHANAMTHITTA. BY MR.NAGARAJ NARAYANAN, SC, K.S.CO-OP BANK. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ Writ Appeal No.359 OF 2009 ------------------------------------------ Dated this the 16th day of February, 2009. J U D G M E N T Kurian Joseph, J. The appellants are the petitioners 1 and 3 in W.P.(C) No.33111 of 2008. The appellants-petitioners are aggrieved since they have been continuing under suspension. They have been working under the first respondent-Bank and they were suspended in connection with criminal cases involving charges under Sections 420 and 120B of Indian Penal Code. 2. The main contention of the appellants is that the Board of Directors of the first respondent-Bank had once taken a resolution dated 14.08.2008 to reinstate the appellants and yet they are not reinstated. There is also a contention that there is no sanction from the Registrar for continuing the suspension beyond a period of six months. W.A.No.359/2009 2 3. Learned counsel for the first respondent-Bank points out that the Bank had subsequently taken a resolution, Exhibit R1(e) dated 29.11.2008, rescinding the earlier resolution dated 14.08.2008 and that the Bank has approached the Registrar for necessary permission for continuing the suspension by Exhibit R1(f) dated 04.12.2008. Now that Exhibit R1(e) resolution has been taken by the first respondent-Bank, the remedy open to the appellants is to invoke Rule 176 of the Kerala Co-operative Societies Rules. 4. In that view of the matter, we need not go into the various contentions taken by the parties or to the merits of the case. The appellants pray that they may be relegated to pursue their statutory remedy, in which case, that matter also can be considered by the Registrar taking a decision on Exhibit R1(f). Hence we set aside the judgment of the learned Single Judge and dispose of the writ petition and the writ appeal relegating the appellants to pursue their remedy under Rule 176 of the Kerala Co-operative Societies Rules. In the event of the appellants thus pursuing the remedy as above within a period of W.A.No.359/2009 3 one month from today, the same shall be treated to have been filed in time and the said petition shall also be considered along with Exhibit R1(f). The appellants as well as the first respondent shall be afforded an opportunity for hearing. If the petition is filed as above by the appellants, the same and Exhibit R1(f) shall be disposed of by the Registrar of Co-operative Societies within a period of two months from the date of production of a copy of this judgment by the appellants before the Registrar along with copy of the writ petition and writ appeal, after serving a copy of the petition on the first respondent. Issue a copy of this judgment also to the learned Government Pleader appearing before this Court for communication to the Registrar of Co-operative Societies. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.A.No.359/2009 4 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.A. No. 359 OF 2009 J U D G M E N T 16.02.2009