T. BHASKARAN NAIR Vs. DEPUTY REGISTRAR OF CO

JUDGEMENT

(1.) The petitioner is an employee of the 2nd respondent-Co-operative Society. While he was working as its Secretary, disciplinary proceedings were initiated against him in 1975 for certain alleged irregularities. The proceedings ended with the punishment of dismissal on 21-1-197 5. He file an appeal against that order but the appeal was rejected by Ext. Pll. That was a cryptic order without taking into account the various grounds of appeal. The petitioner therefore sought a reconsideration of Ext. Pll. The matter was reconsidered by the Board and the punishment was reduced from dismissal to reduction in rank by Ext. P2.

(2.) There is a dispute as to whether Ext. P2 was a reduction in the punishment or a fresh appointment. According to the Dy. Registrar, the 1st respondent, it was a fresh appointment, and not a reduction in punishment as contended by the petitioner as well as the Society. I shall read Ext. P2 : "Vellamunda Service Co-operative Society Ltd., No. C. 530, P. O. Vellamunda, N. Wynad. dated 20-11-75. Proceedings

(3.) The petitioner is still in service on the strength of an interim stay granted by this Court. Shri Nayanar, counsel for the petitioner, submits that the power of punishment is vested exclusively in the management. He refers to Sec. 27, Kerala Co-operative Societies Act, 1969, read with R. 198, Co-operative Societies Rules. He says that the Deputy Registrar, the 1st respondent, has no power to interfere in disciplinary proceeding much less to direct the management to cancel or alter a punishment imposed by them.