IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25903 of 2009(G) -------------------------- PETITIONER(S): --------------- P.J.CHACKO, AGED 52 YEARS, S/O.JACOB, RESIDING AT PITTAPILLIL HOUSE, KADAVOOR P.O., POTHANIKAD. BY ADVS. MR.A.T.ANILKUMAR MR.A.V.JAMES MR. DALBI EMMANUAL PALAMOOTTIL RESPONDENT(S): --------------- 1. KADAVOOR SERVICE CO-OPERATIVE BANK LTD, NO.1882, KADAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, REP. BY ITS SECRETARY KADAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. THE ENQUIRY OFFICER, KADAVOOR SERVICE CO-OPERATIVE BANK LTD, NO.1882, KADAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. K.K.SALI, CHAIRMAN, SUB COMMITTEE, KADAVOOR SERVICE CO-OPERATIVE BANK LTD.NO.1882, KADAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES TRIVANDRUM. 6. THE STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, CO-OPERATION (C) DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 25903 of 2009 ................................................. Dated this the 15th day of September, 2009 J U D G M E N T The petitioner is an employee of the 1st respondent society. He is facing disciplinary proceedings by the society in respect of certain allegations of misconducts. Petitioner's grievance in this writ petition is that the enquiry officer who is conducting the enquiry is not giving the petitioner adequate opportunity to defend himself in the enquiry. After hearing counsel for the petitioner, I am not satisfied that the writ petition is maintainable. First of all, there is no allegation of any violation of the provisions of the Kerala Co- operative Societies Act or Rules in this case. See the decision in Malappuram District Co-operative Bank Ltd. v. Malappuram District Co-operative Bank Employees Welfare Fund Committee, [2001 (2) KLT 44]. Further, an enquiry officer in a domestic enquiry cannot be given directions by this court in respect of the domestic enquiry. If sufficient opportunity is not given by the enquiry officer, it is for the W.P(C) No. 25903 of 2009 -2- petitioner to take up the matter appropriately either before the disciplinary authority, when the sustainability of the enquiry report is being considered or to raise the contention before the appropriate authority while challenging the punishment to be imposed on the petitioner pursuant to the enquiry. Therefore this writ petition is not maintainable and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE rhs