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High Court of KeralaWP(C)/18433/2015closed

Mathew Joseph v. The Joint Registrar Of Co-Operative Societies (General)

2015-07-07Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No. 18433 of 2015 (D) -------------------------------------- PETITIONER : - ---------------------- MATHEW JOSEPH, AGED 39 YEARS, S/O.JOSEPH, SECRETARY (UNDER SUSPENSION), PUDUPPADI SERVICE CO-OPERATIVE BANK LIMITED NO.F.1830, PUDUPPADI P.O., KOZHIKODE DISTRICT 673 586.

BY ADV. SRI.ARUN CHANDRAN RESPONDENTS : - ---------------------------

1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE DISTRICT.

2. THE PUDUPPADI SERVICE CO-OPERATIVE BANK LIMITED NO.F 1830, PUDUPPADI P.O., KOZHIKODE DISTRICT - 673 586, REPRESENTED BY ITS SECRETARY IN CHARGE.

3. THE MANAGING COMMITTEE, THE PUDUPPADI SERVICE CO-OPERATIVE BANK LIMITED NO.F 1830, PUDUPPADI P.O., KOZHIKODE DISTRICT - 673 586, REPRESENTED BY ITS PRESIDENT.

4. THE DISCIPLINARY COMMITTEE, THE PUDUPPADI SERVICE CO-OPERATIVE BANK LIMITED NO.F 1830, PUDUPPADI P.O., KOZHIKODE DISTRICT - 673 586, REPRESENTED BY ITS CHAIRMAN.

R2-R4 BY ADV. SRI.P.RAMAKRISHNAN R2-R4 BY ADV. SMT.PREETHI KESAVAN R2-R4 BY ADV. SRI.T.C.KRISHNA R2-R4 BY ADV. SRI.C.ANIL KUMAR R2-R4 BY ADV. SMT.ASHA K.SHENOY R2-R4 BY ADV. SRI.PRATAP ABRAHAM VARGHESE R1 BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18433 of 2015 (D) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE FLIGHT TICKET BOOKED ON 15/7/2014. EXHIBIT P2 : TRUE COPIES OF THE MEDICAL CERTIFICATES ISSUED BY THE DOCTORS.

EXHIBIT P3 : TRUE COPY OF SUCH AN E-MAIL SENT TO THE SECRETARY-INCHARGE OF THE BANK. EXHIBIT P4 : TRUE COPY OF THE SHOW CAUSE NOTICE DATED 12/9/2014. EXHIBIT P5 : TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE SHOW CAUSE NOTICE DATED 12/9/2014. EXHIBIT P6 : TRUE COPY OF THE ORDER BEARING NUMBER C.R.P(1)7559/14(1) DATED 4/4/2015.

EXHIBIT P7 : TRUE COPY OF THE ORDER OF SUSPENSION DATED 13/4/2015. EXHIBIT P8 : TRUE COPY OF THE MEMO OF CHARGES DATED 13/5/2015. EXHIBIT P9 : TRUE COPY OF THE EXPLANATION TO THE SHOW CAUSE NOTICE DATED 20/5/2015.

EXHIBIT P10: TRUE COPY OF THE LETTER DATED 2/6/2015 REQUIRING THE PETITIONER TO APPEAR BEFORE THE ENQUIRY OFFICER FOR DOMESTIC ENQUIRY.

RESPONDENTS' EXHIBITS : - --------------------------------------- EXHIBIT R2(a) : TRUE COPY OF LETTER DATED 3.11.2014 SUBMITTED BY THE PETITIONER WITH ENGLISH TRANSLATION.

EXHIBIT R2(b) : TRUE COPY OF ORDER BEARING No. C.R.P. (1) / 7559/14(1) DATED 4.4.2015 (EXHIBIT P6) WITH ENGLISH TRANSLATION. EXHIBIT R2(c) : TRUE COPY OF ENQUIRY PROCEEDINGS HELD ON 19.6.2015 WITH ENGLISH TRANSLATION.

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

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 18433 of 2015 ---------------------------------------- Dated this the 07th day of July, 2015

JUDGMENT

In this writ petition, the petitioner has challenged Exhibit P7 order of suspension and also the consequential department proceedings. In view of his subsequent participation in the domestic enquiry, as has been accepted by both the learned counsel for the respective parties, I do not see any issue remaining to be considered.

Accordingly, the writ petition is closed, leaving it open for the petitioner to seek appropriate remedies, if the petitioner has any further grievance based on a fresh cause of action, in future.

DAMA SESHADRI NAIDU JUDGE DMR/-