IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 25509 of 2008(J) ---------------------------------------- PETITIONER: --------------------- A.M.GEORGE, S/O. MATHAI,AGED 58 YEARS, MANAGER (RETIRED) KOTTAYAM DISTRICT CO-OPERATIVE BANK, ERATTUPETTA BRANCH, KOTTAYAM, RESIDING AT ELAMTHURUTHIYIL, EDAPPADY P.O., PALA, KOTTAYAM 686 578. BY ADV. SMT.REKHA VASUDEVAN SRI.P.A.KUMARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY 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 GENERAL , KOTTAYAM. 4. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, DISTRICT CO OPERATIVE BANK BUILDINGS, PB NO. 140, KOTTAYAM 686 001. BY GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR - R1 TO R3 ADV. SRI.T.A.SHAJI,SC,KOTTAYAM DIST.COOP.BAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.25509 of 2008 ================================== Dated this the 19th day of September, 2008. JUDGMENT Petitioner retired from the service of the fourth respondent on 31-10-2007. No proceedings were initiated against him on or before that day, on account of any indiscipline or for any amount recoverable from him. The only plea of the employer bank in opposition to his grievance that his retiral benefits, including pension and DCRG, have not been released, is referable to Ext.P1, which would show that the only issue stated even on 19-11- 2007 was that certain proceedings were pending against Smt.K.R. Jagadamma, the then Branch Manager. That letter was issued after the petitioner retired from service. By Ext.P4 judgment, which is affirmed by the Division WPC25509/08 -:2:- Bench as per Ext.P5 judgment, the case of Smt.Jagadamma was decided by directing that the entire retiral benefits due to her shall be released, while the employer bank will have its rights to move for arbitration by making claim, if any, as against Smt.Jagadamma. It also needs to be noticed that, repelling the contention of the bank against Ext.P4 judgment, the Division Bench issued Ext.P5 judgment, however ordering that if there is any delay in disbursement of retiral benefits, the same would carry interest at 9% per annum. 2. In the counter affidavit filed by the bank, the plea is that certain decisions have been taken by the bank in relation to an allegation by it, against the petitioner, to the effect that he had over-valued certain WPC25509/08 -:3:- properties in connection with loan transactions. 3. Unlike any rules applicable to Government service, the Kerala Co-operative Societies Act, Rules or any subsidiary rule of the bank is not available to be pointed out to show that there is any entitlement for the employer bank to proceed against an employee, by itself, on counts of indiscipline after retirement of the employee. If any loss has been caused by negligence or abuse of office, those are matters, which can be decided only on adjudication and therefore the bank will be at liberty to proceed against the employee, namely, the writ petitioner, even if it has any such claim against him. Without prejudice to that, this writ petition is allowed ordering WPC25509/08 -:4:- that the fourth respondent shall release all retiral benefits due to the petitioner and do the needful for release of pension and other allied payments to be made by other authorities. This shall be done without reference to Ext.P1, within an outer limit of two months from the date of receipt of a copy of this judgment, failing which, the third respondent shall take immediate action to see that the directions contained herein are enforced. Thottathil B.Radhakrishnan, Judge. sl.