IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 11674 of 2009(D) -------------------------- PETITIONER(S): --------------- L.V.MALLAYA, GENERAL MANAGER, (UNDER TERMINATION) MATTANCHERRY SARVAJANIK CO-OPERATIVE BANK LTD.NO.3284, P.B.NO.142, CHERLAI, KOCHI-2. BY ADV. SRI.P.P.JACOB SRI.N.T.SATHYAVAN RESPONDENT(S): --------------- 1. MATTANCHERRY SARVAJANIK CO-OPERATIVE BANK LTD.NO. 3284, P.B.NO.142, CHERLAI, KOCHI-2, REP. GENERAL MANAGER. 2. THE JOINT REGISTRAR OF CO-OP. SOCIETIES (G), ERNAKULAM. 3. THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT, TRIVANDRUM. ADV. SRI.T.A.RAJAN FOR R1 MR.K.S.MOHAMMED HASHIM, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11674 of 2009 --------------------------------- Dated, this the 10th day of August, 2009 J U D G M E N T The petitioner was the General Manager of the 1st respondent Bank. 2. Disciplinary proceedings were initiated against the petitioner and he was placed under suspension as per Ext.P1 order dated 24/12/2004. Finally with effect from 20/03/2007, the petitioner was dismissed from service. During the interregnum, he continued under suspension. 3. After the punishment was imposed, the petitioner moved the Joint Registrar, the 2nd respondent, contending that his suspension beyond one year was in violation of Rule 198(6) of the Kerala Co-operative Societies Rules, and therefore, he is entitled to be paid salary and other benefits for the said period. By Ext.P2 order, the Joint Registrar accepted the contention and held that the petitioner is entitled to be paid monetary benefits for the period subsequent to 24/12/2005. WP(C) No.11674/2009 -2- 4. Although, an appeal was filed by the Society before the Government, the Government did not pass any order of stay. As the amount due under Ext.P2 was not paid, the petitioner approached this Court by filing WP(C) No.35530/2007. That writ petition was disposed of by Ext.P3 judgment directing that the amount be released to the petitioner on his furnishing a bond and that the petitioner shall keep the amount in Fixed Deposit. The Society sought review of the judgment by filing R.P.No.243/2008. That review petition was disposed of by Ext.P4 order clarifying that while determining the amount due to the petitioner, it will be open to the Society to appropriate amounts that are due to it from the petitioner. 5. While so, by Ext.P5 order, the appeal filed by the Society against Ext.P2 was rejected by the Government. Even thereafter payment was not made, and the petitioner filed Ext.P6 representation, which was replied by the 1st respondent as per Ext.P7 stating that his pay fixation arising out of pay revision order of 2005 was pending before the Assistant Registrar. The petitioner intimated the Society by Ext.P8 that the Assistant Registrar had WP(C) No.11674/2009 -3- already finalised the proceedings and therefore, there was no reason for withholding payment. 6. Thereafter, the Society issued Ext.P9 to the petitioner informing that large amounts are due to the Society from the petitioner, and therefore, the payments cannot be made. The petitioner objected the said communication by filing Ext.P10 contending that the incidents mentioned in Ext.P9 to justify non- payment are totally unrelated to the petitioner, and therefore, the amount should be released. Since there was no response forthcoming from the Society, this writ petition is filed praying that the Society shall be directed to release the amount due to the petitioner in pursuance to Ext.P3 judgment and Ext.P4 order rendered by this Court. 7. The Society has filed a counter affidavit, where it says that large amounts are due from the petitioner, and that ARC No.39/2009 filed by it for recovery of the amount is pending consideration of the Arbitrator. It is stated that at this stage, the Society has no liability to make payment of the amount claimed by the petitioner. WP(C) No.11674/2009 -4- 8. In this writ petition, although, the prayer made is to direct the Society to release the amount due to the petitioner, when the matter was taken up for hearing, the learned counsel for the petitioner requested that the Society may atleast be directed to keep the amount that is due to the petitioner in Fixed Deposit, so that in case the petitioner ultimately succeeds in the proceedings that are now initiated by the Society, he will not be a looser. 9. I heard the learned counsel appearing for the Society also. 10. Admittedly, for the reasons stated in Ext.P9, the Society is disputing its liability to the petitioner. On the otherhand, the Society claims that large amounts are due from the petitioner. This controversy is pending before the Arbitrator and therefore, at this stage, it may not be proper for this Court to direct release of the amount due to the petitioner. 11. However, that does not mean that the petitioner should be a looser, particularly, having regard to the directions of this Court in Ext.P3 judgment and Ext.P4 order referred to above. In these circumstances, it is only appropriate that the Bank keeps the WP(C) No.11674/2009 -5- amount that is due to the petitioner in terms of Exts.P3 & P4, in Fixed Deposit, so that in case the petitioner ultimately succeeds in the proceedings, that are pending against him, the petitioner will earn interest on the amount that is due to him. 12. Therefore, the writ petition is disposed of directing the 1st respondent to quantify the amount that is due to the petitioner in terms of Exts.P3 & P4, and keep the amount in Fixed Deposit. It is clarified that if ARC No.39/2009, or any other proceedings that is initiated against the petitioner, is decided in his favour, the amount in fixed deposit along with interest accrued will be released to the petitioner. Such deposit shall be given effect from 16/01/2008, when Ext.P3 judgment was rendered by this Court. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg