DHANYA R. C Vs. BOARD OF DIRECTORS OF THE ITTIVA AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY LIMITED

JUDGEMENT

(1.) Petitioner is an employee of the respondent Society. Disciplinary proceedings initiated against her by the Society was withdrawn without prejudice to the right to proceed afresh. The said course was adopted in the light of the judgment of a Division Bench of this Court in Kodanchery SCB v. Joshy Varghese [2020 (4) KLT 129] which held that memo of charges could not be issued by the disciplinary sub committee. The writ petition is filed seeking the following reliefs :-

(2.) Heard learned counsel Sri.C.P.Sabari, on behalf of the petitioner and Sri.Arjun Raghavan, learned counsel for the respondents.

(3.) Relying on the judgment in Mathew Joseph v. Registrar of Co-operative Societies [ILR 2022 (4) Ker. 555], the learned counsel for the petitioner would contend that, a suspension order cannot exist independent of charge memo and that since charge memo was withdrawn by the respondents, the suspension order ceases. The petitioner is entitled to be reinstated in service with the entire back wages, it is contended.