IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 34549 of 2008(K) --------------------------------------- PETITIONER: ------------------- E.S.SHAJU, ERASSERY HOUSE, SREENARAYANAPURAM. BY ADV. SRI.K.B.GANGESH, ADV. SMT.SMITHA CHATHANARAMBATH. RESPONDENTS: ----------------------- 1. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, KODUNGALLUR TALUK, KODUNGALLUR. 2. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, THRISSUR. 3. THE POOVATHUMKADAVU FARMERS SERVICE CO-OP.BANK LTD.NO.4686, P.O.PANANGAD, THRISSUR. R1 & R2 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34549 of 2008-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2008. JUDGMENT 1.The petitioner is a Pharmacist in an establishment of the third respondent. On allegations of certain monetary loss, ARC.333/2008 has been filed by the third respondent. It being a monetary claim, the first respondent is adjudicating it. The petitioner has filed a written statement raising a counter claim in the said ARC. The petitioner contends that the Managing Director of the third respondent is also an Assistant Registrar and is senior to the first respondent in the service under the Kerala Co- operative Department. His allegation is that the said person is interfering with the proceedings in such a manner that it has become impossible for the petitioner to face the proceedings before the first respondent. WP(C)34549/08 -: 2 :- 2.On instructions from the second respondent Joint Registrar, the learned Government Pleader states that though the Managing Director of the third respondent is senior to the present incumbent holding office as the first respondent, there is no legal ground for any such apprehension because, it is not possible or permissible for the Managing Director of the third respondent to interfere in the manner in which it is alleged. 3.The learned Government Pleader is right in stating that merely on account of departmental seniority between different officers, if statutory proceedings have to be taken away from the jurisdiction of one officer, it will result in administrative chaos. That is not advisable. At the same time, it also needs to be ensured that a person facing a proceeding in a statutory forum is entitled to the guarantee as to fairness and transparency of the proceedings and also the impartiality of the officer designated to decide. WP(C)34549/08 -: 3 :- This can be easily ensured in this case, if the Managing Director of the third respondent does not meddle with the proceedings before the first respondent in the ARC in question. The petitioner should have a fair opportunity to cross-examine the witnesses. The first respondent has to ensure that there is no interference from any quarter in that matter and the only regulation can be that which the first respondent would impose as a presiding officer in terms of the law, practice and procedure. Unless the third respondent's Managing Director is a necessary witness in the proceedings, it is appropriate that he does not participate in the proceeding because, obviously, the case would be presented on behalf of the third respondent by somebody else, duly authorized. For the aforesaid reasons, dispensing with notice to the third respondent and preserving its right to move for review of this judgment if aggrieved, this writ petition is ordered directing that the WP(C)34549/08 -: 4 :- petitioner will be afforded a fair and complete opportunity to place defence version, evidence and materials, to cross-examine the witnesses and to present the case before the first respondent. The case shall be decided by the first respondent in accordance with law, having regard to the entire materials that would be placed. The Managing Director of the third respondent will take note of what is stated above and act accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/041108