Geethamani S. v. Champakara Service Co-Operative Bank Ltd.No.3511

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 16098 of 2015 (J) ------------------------------------- PETITIONER : - ---------------------- GEETHAMANI S., AGED 53 YEARS, KRISHNAKRIPA, KARUKACHAL, SECRETARY (UNDER SUSPENSION), CHAMPAKARA SERVICE CO OPERATIVE BANK LTD., NO.3511, KARUKACHAL, KOTTAYAM (DT) BY ADV. SRI.P.M.SEBASTIAN RESPONDENTS : - ---------------------------

1. CHAMPAKARA SERVICE CO-OPERATIVE BANK LTD.NO.3511, REPRESENTED BY SECRETARY, KARUKACHAL PO, KOTTAYAM (DT), PIN 686540.

2. JOINT REGISTRAR (GENERAL).

CO OPERATIVE SOCIETIES, KOTTAYAM (DT), PIN 686002.

3. ASSISTANT REGISTRAR (GENERAL).

CO OPERATIVE SOCIETIES, CHANGANACHERRY, PIN 686101.

4. STATE OF KERALA .

REPRESENTED BY THE CHEF SECRETARY, SECRETARIAT. TRIVANDRUM, PIN 695001.

R1 BY ADV. SRI.P.N.MOHANAN R2-R4 BY Sr. GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16098 of 2015 (J) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE SUSPENSION ORDER DATED 19.05.2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P1(a) : ENGLISH TRANSLATION OF EXT P1. EXHIBIT P2 : TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENTS DATED 08.01.2015.

EXHIBIT P2(a) : ENGLISH TRANSLATION OF EXT P2. EXHIBIT P3 : TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 21.05.2015 APPROVING SUSPENSION.

EXHIBIT P3(a) : ENGLISH TRANSLATION OF EXT P3. EXHIBIT P4 : TRUE COPY OF THE ENQUIRY REPORT DATED 27.05.2015 SUBMITTED BY THE ENQUIRY OFFICER.

EXHIBIT P5 : THE PETITION DATED 12.06.2015 SUBMITTED BEFORE THE 2nd RESPONDENT.

RESPONDENTS' EXHIBITS : NIL.

--------------------------------------- // TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 16098 of 2015 ---------------------------------------- Dated this the 18th day of June, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned counsel for the respondent, as well as the learned Government Pleader, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. The petitioner, who is working as a Secretary of the first respondent bank, was suspended from duty on 19.05.2014 pending enquiry. Ventilating her grievance that despite the submission of Exhibit P4 enquiry report by the Enquiry Officer, the respondent Bank has so far not concluded the disciplinary proceedings, the petitioner has filed the present writ petition.

3. The learned counsel for the petitioner has submitted that the petitioner has been under suspension for the past about 14 months and that the disciplinary authorities has so far not taken any action in terms of Exhibit P4 Domestic Enquiry Report.

W.P.(c) No. 16098 of 2015

4. The learned counsel for the respondent Bank, on instructions, has submitted that the disciplinary authority has decided to defer with the findings of the Enquiry Officer and that all steps are afoot to conclude the disciplinary proceedings as expeditiously as possible.

5. Be that as it may, as has been mutually agreed before this Court by both the learned counsel on behalf of the petitioner and the first respondent Bank respectively, this Court, without adverting to the merits of the matter, disposes of the writ petition with a direction to the respondent Bank to conclude the disciplinary proceedings as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment.

With the above observations, this writ petition is disposed of. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-