IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 7490 of 2009(E) ------------------------- PETITIONER(S): --------------- A.SURENDRAN, AGED 59 YEARS, S/O.ACHUTHAN, FORMERLY BRANCH MANAGER, KOLLAM DISTRICT CO-OP. BANK LTD., PUTHOOR BRANCH, RESIDING AT PORUVILA, KIZHAKKATHIL, PAVITHRESWARAM P.O., PUTHOOR VIA., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENT(S): --------------- 1. GENERAL MANAGER, KOLLAM DISTRICT CO-OP. BANK LTD., KOLLAM. 2. PRESIDENT, KOLLAM DISTRICT CO-OP. BANK LTD., KOLLAM. 3. G.JAYANTHAKUMAR, ADVOCATE, ENQUIRY OFFICER, SREEVALSAM, TD TEMPLE ROAD, KOLLAM-691013. BY ADV B VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7490 OF 2009 ............................................ DATED THIS THE 26TH DAY OF MARCH, 2009 JUDGMENT The petitioner was employed with District Co-operative Bank of which the first respondent is the General Manager and second respondent, the President. He faces disciplinary proceedings. He is now a retired employee. About one year ago, the third respondent was appointed to conduct the enquiry. It was after the appointment of the Enquiry Officer that the petitioner retired. The retiral benefits are held back owing to the enquiry. There is no reason why the enquiry ought not to proceed in a reasonable pace. Whatever be the allegations no enquiry officer should detain proceedings inordinately. In Co-operative sector, it needs to be noted that if a person is placed under suspension, he will be entitled to subsistence allowance which will be at the rate equivalent to his salary, after three months, from 180 days of suspension. In that event, if a person is continued under suspension with the permission of the Registrar and if disciplinary proceedings are indefinitely dragged on, the real WP(C) 7490/2009 2 beneficiary will be the delinquent because he will be getting emoluments by way of subsistence allowance without working. In the case of retired person like the petitioner, his retiral benefits are held up, which again, would be an encroachment on fundamental right to life. Either way, it is insisted that disciplinary proceedings have to be concluded in a time bound manner. It is the need of the hour that the Registrar of Co- operative Society looks into the matter and if found needed, issue necessary circulars or directions of general nature providing a time frame for concluding the disciplinary proceedings in Co- operative Societies including banks and also by providing a time frame for concluding the domestic enquiry as part of the disciplinary proceedings. Taking the facts of the case in hand into consideration, it is ordered that the disciplinary proceedings against the petitioner shall be concluded without fail within a period of three months from now, failing which, the employer will pay the petitioner an amount of Rs.25,000/- as cost. Following the decision of the disciplinary proceedings, any retiral benefits that may be due to the petitioner shall be released within a further period of one WP(C) 7490/2009 3 month without fail. Issue copy to the learned Government Pleader also. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/28/3