IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WA.No. 2179 of 2008() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28726/2008 Dated 07/10/2008 .................... APPELLANT(S): PETITIONER: ------------------------- DELSON.P.DAVIS, SECRETARY (UNDER SUSPENSION), TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD R.306, SHORNUR ROAD, THRISSUR. BY ADV. SRI.P.RAVINDRAN (SR.) RESPONDENT(S): RESPONDENTS: --------------------------- 1. TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD. R-306, SHORNUR ROAD, THRISSUR, REPRESENTED BY THE SECRETARY IN CHARGE. 2. THE ADMINISTRATIVE COMMITTEE, TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, THRISSUR, REPRESENTED BY THE CONVENOR. ADV. SRI.P.C.SASIDHARAN FOR R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ W.A.No.2179 of 2008 =============================== Dated this the 20th day of November, 2008. J U D G M E N T KOSHY, J. The appellant is the Secretary of the Co-Operative Hospital Ltd. He was suspended pending enquiry by Ext.P6 order dated 22.9.2008. The above society was superceded and the suspension order was issued by the Convenor of the Administrative Committee. Six charges were mentioned in Ext.P6 suspension memo. It is the contention of the petitioner that even if all the six allegations are admitted no action can be taken against him. When he was the Secretary, he was implementing all the directions of the Director Board and there is no dereliction of the duty on his part. After the writ petition was filed, another memo was issued containing additional charges. It is his case that even the additional charges were framed with malafide intentions. There is no prima facie case against him. It is also contended that since the Administrative Committee was W.A.No.2179 of 2008 2 not the appointing authority it could not take disciplinary action against him. We are of the view that when Administrative Committee takes charge of the management of the society, if any misconduct is committed by the employee, it is entitled to initiate action against the delinquent employee. But suspension can be made only for very valid reasons. For misconduct alleged, every person need not be suspended. Only if charges are very serious and continuation of the employee in his post will affect the enquiry, then only suspension pending enquiry need be imposed. Learned counsel for the respondents contended that petitioner has got an effective remedy under Section 69(d) of the Kerala Co-Operative Societies Act. Therefore, if the petitioner is aggrieved by the suspension order, he may take the alternative remedy as directed by the learned Single Judge. It is true that the subsistence allowance as per Rules during the period of suspension should be released to the petitioner. The enquiry has to be concluded within three months from the date of judgment W.A.No.2179 of 2008 3 of the learned Single Judge as directed in the impugned judgment. If the enquiry is not able to be concluded in three months ie., before 7.1.2009, the suspension should be immediately dropped and the appellant should be reinstated in service, though enquiry can be continued. The petitioner should also co-operate with the enquiry. With these observations, this appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-