IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 29301 of 2008(L) ---------------------------------------- PETITIONER(S): ---------------------- 1. K.K.NARAYANAN NAIR, DIRECTOR, KUMARAMANGALAM SERVICE CO-OPERATIVE BANK, LTD., NO. 4122,KUMARAMANGALAM, THODUPUZHA, IDUKKI. 2. P.K.KARUNAKARAN, PARACHL HOUSE, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI. 3. A.J. GOEORGE, MADASSERIL HOUSE, KALOOR EAST POST, THODUPUZHA 285 584, BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): ------------------------ JOINT REGISTRAR OF CO-OPERATIVE, SOCIETIES (G), IDUKKI. *ADDL. R2 AND R3 ARE IMPLEADED . 2. PRESIDENT, KUMARAMANGALAM SERICE CO-OPERATIE BANK LTD., KUMARAMANGALAM EAST KALOOR P.O., THODUPUZHA 685 584. 3. KUMARAMANGALAM SERICE CO-OPERATIE BANK LTD., KUMARAMANGALAM , EAST KALOOR P.O., THODUPUZHA 685 584, REP. BY ITS SECRETARY. *ADDL. R2 & R3 ARE IMPLEADED AS PER ORDER 4.11.08 IN IA. 13784/08. GOVERNMENT PLEADER SRI.I.V.PRAMOD FOR R1 ADV. SRI.P.SANJAY FOR ADDL.R2 & R3 SRI.A.PARVATHI MENON FOR ADDL.R2 SRI.BIJU MEENATTOOR FOR ADDL.R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29301/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTICE ISSUED BY THE ENQUIRY OFFICER TO THE IST PETITIONER DT. 21.1.08. P2:- COPY OF THE OBJECTION FILED BY THE IST PETITIONER DT. 22.2.08. P3:- COPY OF THE CIRCULAR INSTRUCTION DT. 26.9.01 OF THE RESPONDENT. P4:- COPY OF THE NOTICE NIL DATED ISSUED BY THE RESPONDENT. P5:- COPY OF THE JUDGMENT IN WPC. 202229/08 DT. 7.7.08. P6:- OBJECTION FILED BY THE IST PETITIONER DT. 16.7.08. P6(a):- OBJECTION FILED BY THE 3RD PETITIONER DT. 4.7.08. P7:- ORDER DT. 4.9.08 SURCHARGING THE PETITIONER UNDER SECTION 68. P8:- COPY OF THE PETITION FILED BEFORE THE IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) No.29301 of 2008 (L) and I.A.No.14206/2008 ------------------------------------------------------ Dated this the 12th day of November, 2008 J U D G M E N T Heard the learned counsel for the petitioners and learned Government Pleader on behalf of first respondent and learned counsel for additional respondents impleaded as per order dated 4-11-2008 on I.A.13784 of 2008. 2. Petitioners faced surcharge proceedings. They challenged that notice before this Court. Exhibit P5 judgment was then issued, leaving open the contentions of the petitioners, for consideration of the statutory authorities and ordering that no proceedings for disqualification shall be taken or finalized merely on the ground of the surcharge proceedings without any further notice. The impugned Exhibit P7 surcharge order has been issued adverse to the interest of the petitioners. They have filed this writ petition arraying only the Joint Registrar. Additional respondents 2 and 3 have come on record stating that they were entitled to be heard, being persons on whose complaints, the impugned order was generated. One of W.P.(C) No.29301/2008 - 2 - them is the President of the society. They were impleaded as per order dated 4-11-2008 on I.A.13784/2008 filed supported by the affidavit sworn to on 20-10-2008. The petitioners state that allegations forming foundation of the surcharge order are not of a grave nature and is only camouflage for a political vendetta. I have gone through the charges. It may be that, as contended in Exhibit P7, those charges may be not as a grave as could generate an order of surcharge. While hastening to add that this Court is not stating that finally, I am clear in my mind that even on such an issue, any appeal can be filed by the petitioners before the Government, as against the impugned Exhibit P7 order. With the availability of such remedies the petitioners have to stand relegated to the Government, to initiate such proceedings within a period of two weeks from now. It is so advised. 3. Exhibit P7 order was issued on 4-9-2008. This writ petition was admitted on 6-10-2008 and Exhibit P7 was stayed. The private respondents were impleaded at their request, as noticed above. The complaint in Exhibit P8 is that, on 3-10-2008 and 24-10-2008, there were two meetings in which the petitioners were excluded from participation. W.P.(C) No.29301/2008 - 3 - Under such circumstances, it is appropriate that the Joint Registrar considers Exhibit P8 and takes appropriate decision, in accordance with law. It is also further ordered that the petitioners will be entitled to participate in the meetings of the committee of the society. It is further ordered that the interim order of stay granted in his case will continue till the disposal of the appeal by the Government. The Government will dispose of that appeal within a period of three weeks from the date of receipt of a copy of this judgment, in accordance with law, having regard to the fact that the impugned order shall stand suspended by the force of this judgment until then. It will be open to the additional respondents to file affidavit before the Government within the time frame, if so advised. This writ petition and I.A.No.14206/2008 are ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/17/11 // True copy // P.A. to Judge.