IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 22052 of 2008(A) ----------------------------------------- PETITIONER(S): ------------------------- ANILKUMAR K.P., 'UTHRADAM', AMBILIPARAMBU, MERIKUNNU P.O., KOZHIKODE-12. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): --------------------------- 1. PRESIDENT, BALUSSERI CO-OPERATIVE ARTS & SCIENCE COLLEGE LTD, NO.D 2772, POST BALUSSERI, KOZHIKODE. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KOZHIKODE. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. ADV. SRI.P.P.JACOB, SC FOR R1 GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 22052 OF 2008 (A) ------------------------------------------------------ Dated this the 29th day of October, 2008 J U D G M E N T The petitioner has approached this Court contending that he was placed under suspension, continued beyond the statutory period. He also pleaded that Exhibit P7 deserves to be considered by the Vigilance Department. 2. An interim order was issued on 5-9-2008 to the following effect:- “The period under which the petitioner could have been placed under suspension is over long ago. No consent has been obtained from the appropriate statutory authorities to continue the petitioner under suspension. Hence, there will be interim order that if the petitioner is not already removed from service, on the basis of any punishment imposed on him, he shall be immediately re-admitted to duty on production of a copy of this order and the suspension will stand withdrawn. Having regard to the allegations in Exhibit P7, the Joint Registrar is directed to take cognizance of the same and forward it to the appropriate officer in the Vigilance and Anti- Corruption Bureau to have a thorough investigation conducted and proceedings initiated in accordance with law, as may be found necessary. The Joint Registrar will file a report by 25-9- 2008.” W.P.(C) No.22052/2008 - 2 - 3. Then, the employer respondent came on record and produced Exhibit R1(a) showing that the petitioner had submitted resignation on 2-4- 2006, and that the said resignation letter was placed before the Board. Accordingly, the direction dated 5-9-2008 regarding re-admission to duty was vacated. The order on 5-9-2008 directing the Joint Registrar to forward Exhibit P7 to the Vigilance and Anti-Corruption Bureau was retained. 4. The Joint Registrar has placed on record an affidavit through the Junior Inspector of Co-operative Societies stating that Exhibit P7 has been forwarded to the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau. This is recorded. The said affidavit also speaks about the law regarding the continued placement of an employee under suspension. It is also conceded by the Joint Registrar that his office had not authorised the extension of the period of suspension. 5. The controversy, therefore, is as to whether the petitioner had tendered Exhibit R1(a) resignation and whether that was accepted by the employer and still further, if the petitioner's resignation was accepted, whether there was any room to place him under suspension. The W.P.(C) No.22052/2008 - 3 - contention of the employee appears to be that the suspension order was issued on a wrong premise and erroneous factual basis and without taking stock of the fact that the petitioner had, in fact, resigned. These disputed questions of facts are not to gain attention of the writ court, particularly when the issues raised would fall for adjudication as a dispute in terms of Section 69 of the Kerala Co-operative Societies Act before the competent Arbitrator or Tribunal. Hence, leaving open all other questions including submissions of the petitioner regarding action taken by the Joint Registrar, this writ petition is dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/30/10 // True copy // P.A.to Judge.