IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WA.No. 1493 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11467/2008 .................... APPELLANTS/ RESPONDENTS ------------------------- 1. KOTHAMANGALAM HOUSING CO-OP. BANK LTD. E.314, KOTHAMANGALAM P.O., PIN-686 691, REP. BY ITS SECRETARY. 2. P.P.UTHUPPAN, PRESIDENT, KOTHAMANGALAM HOUSING CO-OP. BANK LTD. E.314, RESIDING AT PARACKAL HOUSE, KARUKANDOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 3. ELDHO JOSEPH, SECRETARY, KOTHAMANGALAM HOUSING CO-OP. BANK LTD. E.314, KOTHAMANGALAM P.O., PIN-686 691. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ PETITIONER ------------------------- 1. K.S.GIRIJA, D/O.SREEDHARAN NAIR, PAINKAL HOUSE, KOZHIPPALLY P.O., KOTHAMANGALAM-30. 2. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES, (GENERAL), ERNAKULAM. SRI.P.GOPINATH FOR R1 SPL.GOVT.PLEADER, SMT.A.G.ANEETHA FOR R2 & R3. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------- W.A.No. 1493 OF 2009 ----------------------------------- Dated, this the 13th day of July, 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. The respondents 3 to 5 in the Writ Petition are the appellants. The Writ Petition was filed by the 1st respondent herein challenging, interalia, the disciplinary action initiated against her and also the punishment of dismissal from service imposed on her as per Ext.P34 order of the Sub Committee of the 1st appellant Society. The disciplinary action was taken based on two charges served on her as per Ext.P2 and Ext.P30. The learned Single Judge uphled the contention of the writ petitioner that no action could have been taken against her based on Ext.P30. The allegations raised in Ext.P30, supplementary charge served on the 1st respondent, was that she filed a false and frivolous complaint before the Kerala Women's Commission against the 2nd appellant, who is the President of the 1st appellant Society. Though the allegations were considered by the Commission, she failed to produce any convincing material to prove them. She has also given wide publicity through the print media about the above complaint and thereby defamed the 2nd appellant. Since she has raised unfounded and unsubstantiated allegations against W.A.No.1493/2009 2 the Society, action was proposed to be taken against her misconduct and she was called upon to submit her reply to the charge. The learned Single Judge referred to the report of the Kerala Women's Commission concerning the complaint of the 1st respondent and held that the allegations in Ext.P30 charge are unfounded and unsustainable. The relevant portion of the report has been extracted in the judgment under appeal. 2. On going through the said report, we are fully convinced that Ext.P30 charge could not have been framed against her. The learned Single Judge rightly set aside the said charge. We fully agree with the reasons and conclusions of the learned Single Judge. She was dismissed from service based on two charges. Since one of them has been found to be unsustainable, the dismissal order itself will fall to ground. Therefore, that order was also set aside and the disciplinary authority was directed to reconsider the matter. We find nothing wrong with the judgment of the learned Single Judge. Accordingly, the Writ Appeal is dismissed. The disciplinary authority of the 1st appellant may take a decision within four weeks from today. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps