IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 34265 of 2004(D) ----------------------------------------- PETITIONER: --------------------- T.N.AMBIKA, W/O.SUKUMARAN, PLACHERRY HOUSE, ARUVAPPARA P.O., PERUMBAVOOR (CHIEF ACCOUNTANT, KOTTAPPADY SERVICE CO-OPERATIVE BANK LTD.NO.E.155 (UNDR SUSPENSION) BY ADV. SRI.N.K.KARNIS RESPONDENTS: ------------------------ 1. THE KOTTAPPADY SERVICE CO-OPERATIVE BANK LTD., NO.E.155, KOTTAPPADY P.O., PIN-686695, REP. BY ITS SECRETARY. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), ERNAKULAM, KOCHI-16. 3. THE ADMINISTRATIVE COMMITTEE, KOTTAPPADY SERVICE CO-OPERATIVE BANK LTD. NO.E.155, REPRESENTED BY ITS CONVENOR T.K.USMAN. 4. S.CHANDRAN, ADVOCATE(DOMESTIC ENQUIRY OFFICER), CHANDRATHA, SUBASH NAGAR, EDAPPALLY P.O. ADV. SRI.N.K.SUBRAMANIAN FOR R1 SRI.S.ANANTHAKRISHNAN FOR R1 BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN – R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34265/2004 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPORT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 12/08/2002. EXT.P2: COPY OF THE REPORT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 19/07/2002. EXT.P3: COPY OF THE SUSPENSION ORDER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DTD. 14/10/2003. EXT.P4: COPY OF THE MEMO OF CHARGES ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DTD. 6/05/2004. EXT.P5: COPY OF THE EXPLANATION TO EXT.P4 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 31/05/04. EXT.P6: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 17/07/2004. EXT.P7: COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DTD. 14/08/2004. EXT.P8: COPY OF THE LETTER DTD. 6/08/2004 ISSUED BY THE SECRETARY OF KERALA CO-OP.EMPLOYEES UNION, KOTHAMANGALAM SUBMITTED BEFORE THE 4TH RESPONDENT. EXT.P9: COPY OF THE REQUEST SUBMITTED BY SRI.SUNIL BEFORE THE 4TH RESPONDENT ON 31/08/2004. EXT.P10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 7/09/04. EXT.P11: COPY OF THE LIST OF WITNESSES SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 18/09/04. EXT.P12: COPY OF THE LIST OF DOCUMENTS SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 18/09/2004. Kss ..2/- ...2.... WPC.NO.34265/2004 D EXT.P13: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 18/09/2004. EXT.P14: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 28/09/2004. EXT.P15: COPY OF THE AKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT ACCEPTING EXT.P14 DTD. 29/09/2004. EXT.P16: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 1/11/2004. EXT.P17: COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT ACCEPTING EXT.P16 DTD. 2/11/2004. EXT.P18: COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 12/11/2004. EXT.P19: COPY OF THE ENQUIRY REPORT SENT ALONG WITH EXT.P18 DTD. 1/11/2004. EXT.P20: COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 22/11/2004. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF PROCEEDINGS DTD. 24/11/04 OF DISCIPLINARY COMMITTEE. EXT.R1(B): COPY OF THE APP0EAL FILED BY THE PETITIONER BEFORE BOARD. EXT.R1(C): COPY OF PROCEEDINGS OF APPEAL COMMITTEE DTD. 19/04/05. EXT.R1(D): COPY OF PETITION U/R 176 DTD. 23/07/05 FILED BEFORE R2. EXT.R1(E): COPY OF ORDER NO.C.R.P.1/4812/05 DTD. 27/05/06 OF R2. EXT.R1(F): COPY OF APPEAL DTD. 03/06/06 WITH STAY PETITION. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.34265 of 2004-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of July, 2008. JUDGMENT Learned Government Pleader takes notice for the second respondent. Notice to the fourth respondent is dispensed with as unnecessary. Service complete. It is submitted by either side that the decision of the Joint Registrar was appealed before the Government which, in turn, reached this Court as WP(C).29734/2007 and by judgment issued on 13-11- 2007 in that case, the parties are working out their remedies before the arbitrator. This is recorded and the writ petition is dismissed without prejudice to contentions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070708