IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21979 of 2008(N) -------------------------------------- PETITIONER: ----------------- P.K.THOMAS, S/O KURIAN, POTTAMMEL HOUSE, KOOMANTHODE P.O., KANNUR DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ---------------------- 1. THE JOINT REGISTRAR (GENERAL), OF CO-OPERATIVE SOCIETIES, KANNUR, 2. THE REGISTRAR OF CO-OPERATIVE SOCITIES, KERALA, THIRUVANANTHAPURAM. 3. THE ANAPPANTHY SERVICE CO-OPERTIVE BANK LTD. NO. F.1516, ANGADIKADAVU P.O., KANNUR DISTRICT, REPRESENTED BY ITS PRESIDENT. 4. THE PRINCIPAL SECRETARY, CO-OPERATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1, R2, R4, R5 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.21979 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2008. JUDGMENT 1. Heard the learned counsel for the petitioner and the learned Senior Government Pleader for respondents 1, 2, 4 and 5. Notice to the third respondent is dispensed with preserving its right to move this Court for review of this judgment, if aggrieved. 2. The third respondent resolved to request for exemption from statutory qualifications for promoting the petitioner. That was rejected as per Ext.P5 order on the ground that he was an accused in a criminal case for offence punishable under Section 138 of the Negotiable Instruments Act and that such fact was suppressed. But, as a matter of fact, with the passage of time, he stands acquitted on a WP(C)21979/2008 -: 2 :- finding that the complainant had not even been able to prove that the petitioner had issued the cheque. Under such circumstances, notwithstanding the existence of Ext.P5, it will be open to the competent authority which issued the order to re-consider the matter taking also into consideration Ext.P6 judgment. For the aforesaid reasons, this writ petition is ordered directing that the request forwarded to the Government which led to Ext.P5 will be re-considered in the light of what is stated above and taking into consideration Ext.P6. Having regard to the fact that the finding in Ext.P6 is only a quasi criminal one under Section 138 of the Negotiable Instruments Act, the mere fact that existence of such a finding was not disclosed cannot be viewed seriously. It is directed that the issue as aforesaid will be reconsidered by the Government in the light of what of stated above and appropriate orders issued by the competent authority in WP(C)21979/2008 -: 3 :- accordance with law within an outer limit of three months from the date of receipt of a copy of this judgment. The petitioner is directed to place a copy of this judgment along with a copy of the writ petition before the competent authority in the Government. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230708