K.T. MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges disciplinary proceedings and consequential orders in this original petition.

(2.) The petitioner is an employee of the Kerala Co-operative Milk Marketing Federation Ltd., which is an apex co-operative body having three regional unions under it, namely, Trivandrum Regional Co-operative Milk Producers' Union Ltd., Ernakulam Regional Co-operative Milk Producers' Union Ltd. and Malabar Regional Co-operative Milk Producers' Union Ltd. The petitioner, while working as Assistant Manager at Ernakulam was put in-charge of the Assistant Manager (Projects) at the Trivandrum Union on a working arrangement. Disciplinary proceedings was initiated against him while he was working at Trivandrum. The petitioner was found guilty as per Ext.P6 proceedings. Managing director as per Ext.P8 imposed punishment of withholding two increments with cumulative effect. Appeal filed by the petitioner before the Board of Directors also failed. Petitioner also had approached the Registrar of Co-operative Societies to rescind the resolution of the Board of Directors imposing punishment by invoking the power of Registrar under Rule 176 of the Kerala Co-operative Societies Rules, 1969. The Registrar also did not interfere with the proceedings as evident from Ext.P12. Petitioner thereafter moved the Government challenging Ext.P12 order, by filing an appeal. Government also rejected the appeal as per Ext.P13 proceedings. Challenging Exts.P8, P10, P12 and P13, this writ petition is filed.

(3.) When the matter was taken up by this Court on 06/12/2011, this Court directed the fourth respondent to have a re-look into the matter and pass appropriate orders. Based on such direction, the fourth respondent issued Ext. P15 rejecting the submissions of the petitioner. The petitioner thereafter amended the original petition and included challenge to Ext.P15 as well.