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. 19843 of 2008(K) ---------------------------------------- PETITIONER: ---------------------- B.RADHAKRISHNA PILLAI, S/O.BHASKARAN PILLAI, L.D.CLERK, KERALA STATE CO-OPERATIVE UNION, THIRUVANANTHAPURAM. BY ADV. SRI.V.SETHUNATH RESPONDENTS: ------------------------ 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE MANAGING COMMITTEE OF THE KERALA STATE CO-OPERATIVE UNION, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 3. THE KERALA STATE CO-OPERATIVE UNION, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN – R1 BY ADV. SRI. C.P. MOYAMMED NIAS – R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------------------- W.P.(C) NO.19843 OF 2008(K) --------------------------------------------------------- Dated this the 2nd day of July, 2008 J U D G M E N T The petitioner was proceeded against by the impugned disciplinary action of the Kerala State Co-operative Union. From the post of L.D.clerk he has been reverted to peon. Show cause notice has been issued as to why he should not be compulsory retired from service. Accordingly, the incompetency to issue the show cause notice regarding the disciplinary proceedings and the questions as to the enquiry officers' jurisdiction and the question of denial of opportunity etc. have to be first raised before the authority who initiated the proceedings. Instead, the writ petition is moved during the course of disciplinary proceedings. I am not inclined to interfere, at this stage, when all the issues raised by the petitioner could be raised in the reply to the show cause notice. Without prejudice to the rights of the petitioner and leaving open all the contentions, this writ petition is dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/3-7-08 // True copy // P.A. to Judge.