GODWIN Vs. KOLLAM DISTRICT CO OPERATIVE BANK LTD

JUDGEMENT

(1.) Can a Government servant resist recovery from his salary made at the request of a Co-operative Society on the ground that he is not a member of the Society

(2.) Petitioner presently working as a Village Extension Officer is aggrieved by the steps initiated by the third respondent, for recovering certain amounts from his salary as per requisition made by the second respondent. The requisition is made under Section 37 of the Kerala Co-operative Societies Act. The contention is that the recovery under Section 37 can be made only from a member of the Society. The petitioner is not a member of the first respondent Society. Therefore, it is submitted that he cannot be proceeded against under Section 37. Sri. P.B. Suresh Kumar, learned counsel appearing for the first respondent submits that the said question need not be considered in this case since the petitioner being a Government Servant is governed by Article 89(3) of the Financial Code.

(3.) Article 89(3) of the Financial Code, to the extent relevant reads as follows:--