IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 OP.No. 27794 of 2001(H) ---------------------------------- PETITIONER: ------------------- THE MAYYIL SERVICE CO-OPERATIVE BANK LIMITED, NO.C.3.343, MAYYI.P.O., KANNUR DISTRICT, REP. BY ITS PRESIDENT P. PADMANABHAN, PRESIDENT, MAYYIL SERVICE CO-OPERATIVE SERVICE BANK LTD., NO.C.3.343, MAYYIL.P.O., KANNUR DISTRICT. ALSO REPRESENTED BY (2) SECRETARY IN-CHARGE, MAYYIL SERVICE CO-OPERATIVE BANK LTD., REP. BY KARUNAKARAN.K., SECRETARY, MAYYIL SERVICE CO-OPERATIVE BANK LIMITED, NO.C.3.343, MAYYIL.P.O., KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR DISTRICT. 4. U. PADMANABHAN, CHIEF ACCOUNTANT, MAYYIL SERVICE CO-OPERATIVE BANK LIMITED, PERUMANCHERY BRANCH, PERUMANCHERY.P.O., KANNUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. K.S. MOHAMMED HASHIM, R4 BY ADVS. MR.V.R.KESAVA KAIMAL, MR.N.M.MADHU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 27794/2001-H: ORDER ON C.M.P. NO.45094/2001 IN O.P. NO. 27794/2001-H CLOSED 29/09/2009. SD/- S.SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RESOLUTION NO. 15 DTD. 07/02/2000. EXT.P.2: COPY OF THE ORDER NO. 5560/2000/AEL/K/DIS. DTD. 17/05/2001. EXT.P.3: COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK RELATING TO THE R.2. EXT.P.4: COPY OF THE ORDER NO. CRP.10930/81 K.DIS. DTD. 29/09/1981. EXT.P.5: COPY OF THE G.O.(RT).NO.2371/80/AD DTD. 20/08/1980. EXT.P.6: COPY OF THE ORDER DTD. 25/08/1998 PASSED BY THE ERSTWHILE PRESIDENT OF BANK. EXT.P.7: COPY OF THE LETTER NO. 5262/98/CRP DTD. 04/02/1999. EXT.P.8: COPY OF THE LETTER DTD. 01/01/1999 ISSUED TO THE R.4. EXT.P.9: COPY OF THE REPORT DTD. 27/10/1999 SUBMITTED BY THE ENQUIRY OFFICER. EXT.P.10: COPY OF THE PROCEEDINGS DTD. 17/02/2000, CHAIRMAN OF THE DISCIPLINARY SUB COMMITTEE. EXT.P.11: COPY OF THE JUDGMENT DTD. 13/06/2001 PASSED BY THIS HONOURABLE HIGH COURT IN O.P. NO. 17420/2001. EXT.P.12: COPY OF THE APPEAL MEMORANDUM DTD. 14/06/2001. EXT.P.13: COPY OF THE ORDER NO. 1556/2001/AEL DTD. 16/07/2001 ISSUED BY THE R.3. EXT.P.14: COPY OF THE ORDER DTD. 01/08/2001 IN C.M.P. NO. 37008/2001 IN O.P. NO. 22708/2001. EXT.P.15: COPY OF THE ORDER NO. 1556/1/AEL DTD. 18/08/2001. EXT.P.16: COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK PERTAINING TO THE R.4. EXT.P.17: COPY OF THE RESOLUTION NO. 14/2000-01 DTD. 25/05/2000. O.P. NO. 27794/2001-H: RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE JUDGEMENT DTD. 08/05/2001 IN O.P. NO. 15005/2001. EXT.R4.B: COPY OF THE ORDER DTD. 17/05/2001 BY THE R.3. EXT.R4.C: COPY OF THE JUDGEMENT DTD. 25/05/2001 IN O.P. NO. 15980/2001. EXT.R4.D: COPY OF THE ORDER DTD. 16/06/2001 BY THE R.3. EXT.R4.E: COPY OF THE ORDER DTD. 16/07/2001 BY THE R.3. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== O.P.No. 27794 of 2001 ================== Dated this the 29th day of September, 2009 J U D G M E N T The petitioner is a co-operative society. They are challenging Ext.P15 order of the Joint Registrar (General) of Co-operative Societies, Kannur, whereby, in exercise of the powers under Section 176 of the Kerala Co-operative Societies Rules, the Joint Registrar rescinded the resolution dated 11.2.2000 of the Disciplinary Sub- committee and the resolution dated 25.9.2000 of the Board of Directors, of the society, in which, pursuant to disciplinary proceedings, the punishment of reversion to a lower post was imposed on the 4th respondent. The disciplinary proceedings were initiated against the 4th respondent on allegations of misconducts. An enquiry was conducted and in the enquiry, the 4th respondent was found guilty of the misconducts alleged against him. The 4th respondent was the secretary of the bank. Based on the findings of the enquiry officer, the punishment of reversion to the post of Chief Accountant was imposed on the 4th respondent. The 4th respondent filed a petition under Section 176 before the Joint Registrar and obtained a judgment in O.P.No.22708/2001 from this court for disposal of that petition. That resulted in Ext.P15 order, whereby the resolutions adopted by the Sub-committee and the Board of Directors of the petitioner society O.P.27794/01 2 were rescinded. The reason for that order is that the 4th respondent was recruited directly as secretary of the bank and in view of the judicial decisions on the subject, a person directly recruited to a post cannot be reverted to a lower post, which he never held. The petitioner is challenging that order in this original petition. 2. The contention raised is that the punishment was imposed in accordance with the provisions of the Kerala Co-operative Act and Rules and, therefore, the Joint Registrar could not have exercised jurisdiction under Rule 176 to interfere with the action of the petitioner bank. 3. I have considered the contentions of the petitioner. I am not inclined to interfere with Ext.P15 order since under service law, a directly recruited person cannot be imposed with the punishment of reversion to a lower post, which he never held. However, that does not mean that the 4th respondent should not be imposed with any punishment at all. Now that by Ext.P15 punishment imposed on the 4th respondent has been set aside only on the ground that the punishment could not have been imposed on account of a technical defect, the petitioner should be given an opportunity to impose a proper punishment on the 4th respondent. Therefore, making it clear that it would be open to the petitioner to take appropriate fresh steps in accordance with the provisions of the Kerala Co-operative Societies O.P.27794/01 3 Rules to impose a proper punishment on the 4th respondent , if at this point of time any such punishment can be imposed in the 4th respondent. In this connection I note that since the date of birth of the 4th respondent is 20.10.1946, the 4th respondent would have attained the age of superannuation by this time. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 27794 of 2001-H ================== J U D G M E N T 29th September, 2009