NARIKKUNI SERVICE COOPERTIVE BANK LTD Vs. NARAYANAN

JUDGEMENT

(1.) Appellants took disciplinary action against the first respondent herein who was the Secretary of the first appellant Society. The first respondent was appointed as Secretary in the year 1978 by direct recruitment. As per Ext. P3 memo of charges, disciplinary proceedings were initiated. By Ext. P2 order punishment of reversion was imposed. Against Ext. P2 order first respondent filed a Writ Petition, O.P. No. 15392 of 2000, before this Court. Following the decision of the Supreme Court in Hussain Sasansaheb Kaladgi v. State of Maharashtra ( AIR 1987 SC 1627 ) that a direct recruitee cannot be reverted to a lower post, his reversion was cancelled, but directed the employee to file statutory appeal. In Ext. P10 judgment in O.P. No. 15392 of 2000 this Court held as follows:

(2.) Learned Single Judge also found that there was no quorum for the Board, which decided the appeal filed by the employee as directed by this Court. The number of Board members are admittedly 9. But when the Board decided the appeal only three members were present. The quorum under S.28(5) of the Kerala Cooperative Societies Act is 50% of the total number of members of the committee. The explanation of the appellant is that three members were members of the disciplinary committee, that excluding three members the balance is only six and, therefore, three members constituted the quorum. But S.28(5) provides quorum as 50% of the total number of members of the committee. That means minimum five members should be present in the meeting. Therefore, there was no quorum for the meeting. On that reason also appellate decision is liable to be set aside. The above matter was dealt with by the learned Judge as follows:

(3.) The punishments are enumerated in R.198(1) of the Rules which reads as follows: