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High Court of KeralaWP(C)/34513/2014disposed of

Alice Varghese v. The Sreekandamangalam Service Co-Operative

2015-01-05Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 WP(C).No. 34513 of 2014 (L) ---------------------------- PETITIONER:

---------------- ALICE VARGHESE, AGED 49 YEARS, W/O.MR. JOSE K. ABRAHAM, JUNIOR CLERK (REVERTED) THE SREEKANDAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO. 974 MUTTATHIPPARAMBU P.O., CHERTHALA, ALAPPUZHA - 688 527. BY ADVS.SRI.GEORGE POONTHOTTAM SRI.ARUN CHANDRAN RESPONDENTS:

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1. THE SREEKANDAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO. 974, MUTTATHIPPARAMBU P.O., CHERTHALA, ALAPPUZHA - 688 527, REPRESENTED BY ITS SECRETARY.

2. THE PRESIDENT, THE SREEKANDAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO. 974 MUTTATHIPPARAMBU P.O., CHERTHALA, ALAPPUZHA - 688 527.

3. THE BOARD OF DIRECTORS/APPELLATE AUTHOERITY, THE SREEKANDAMANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO. 974 MUTTATHIPPARAMBU P.O., CHERTHALA, ALAPPUZHA - 688 527 REPRESENTED BY ITS PRESIDENT.

R2-R3 BY ADV. SRI.V.G.ARUN R2-R3 BY ADV. SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34513 of 2014 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------- EXHIBIT-P1-TRUE COPY OF THE JUDGMENT IN W.P(C) 23980/2012 DATED 11/12/2013.

EXHIBIT-P2-TRUE COPY OF THE JUDGMENT IN W.P(C) 12629/2014 DATED 14/11/2014.

EXHIBIT-P3-TRUE COPY OF THE JUDGMENT IN W.A.NO. 1803/2014 DATED 01/12/2014.

EXHIBIT-P4-TRUE COPY OF THE MEMORANDUM OF APPEAL FILED UNDER RULE 198 OF THE KCS RULES DATED 08/12/2014, BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL.

----------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.34513 of 2014 --------------------- Dated this the 5th day of January, 2015

J U D G M E N T

The limited prayer put forth is for a direction to the third respondent to consider Ext.P4 appeal filed under Rule 198 of the Kerala Co-operative Societies Rules. The appeal has been filed by the petitioner challenging the imposition of punishment on her. I direct the third respondent to consider Ext.P4 appeal on merits with notice to the petitioner. The needful shall be done within a period of three months from the date of receipt of a copy of this judgment.

2. It is only proper that the members of the sub-committee who initially imposed punishment as well as the President who endorsed the same keeps away. This is to ensure purity of justice in the disposal of a statutory appeal in the light of the decision in Kunhammad v. Joint Registrar [1998 (1) KLT 60]. Respondents 1 to 3 submit that sufficient quorum will be available even if the members referred to above keeps away. There can therefore be no impediment in

W.P (C) No.34513 of 2014 the disposal of Ext.P4 appeal on merits as warranted by law.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.