THE PRESIDENT, KIZHAKKAMBALAM SERVICE CO-OPERATIVE BANK LIMITED AND ORS. Vs. THE GOVERNMENT OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioners, President of the Kizhakkambalam Service Co -operative Bank and the Bank have filed this writ petition challenging Ext. P7 proceedings of the second respondent as well as Ext. P10 order of the first respondent by which Ext. P7 has been confirmed in appeal. The short facts of the case are the following.

(2.) THE third respondent was working as a Sales man of the second respondent bank. He was proceeded against for misconduct alleging misappropriation of funds as well as other serious misconduct. Ext. P1 is the show cause notice issued to him containing the charges. He submitted Ext. P2 explanation to Ext. P1. Thereafter he was issued with another show cause notice Ext. P3 directing him to show cause why he should not be dismissed from service. Thereafter, as per Ext. P5 dated 1.12.1997 the third respondent was dismissed from service. According to the petitioners, a domestic enquiry had preceded Exts. P3 and P5. The enquiry proceedings had to be completed ex parte, since the petitioner did not co -operate with the same. Notices had been issued to him by registered post, which were returned with the endorsement "unclaimed". Thus, since service was complete, the enquiry was proceeded with.

(3.) AGAINST the said order, the bank as well as the third respondent preferred appeal before the Government. The Government heard both the appeals together and directed the second respondent to re -examine the matter and to decide the matter finally as per an order dated 29.9.2001. However, when the second respondent initiated further proceedings in the matter, the petitioners approached this Court by filing an original petition, O.P.3255/2001. The said writ petition was disposed of by judgment dated 19.3.2002 setting aside the order passed by the first respondent and directing the third respondent to prefer an appeal to the committee of the second petitioner bank.