VENUGOPALAN. P. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ appeal is filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the petitioner in W.P.(C)No.5452 of 2023, being dissatisfied by the judgment dtd. 29/1/2025 passed by the learned Single Judge whereby the writ petition filed by the appellant under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P5 order dtd. 26/5/2021 issued by the Disciplinary Sub-Committee of the 3rd respondent Keezhallur Service Cooperative Bank ( 'Bank ' in short) demoting the appellant to the post of Senior Clerk from the post of Branch Manager having found him guilty in the disciplinary proceedings and also Ext.P10 order dtd. 13/1/2023 issued by the 4th respondent President of the Bank suspending him from service pending disciplinary proceedings, was dismissed.

(2.) The appellant entered service of the 3rd respondent Bank in the year 1987 as a Sales Manager and by step by step promotion he reached to the post of Manager of the Bank. On 15/4/2021, Ext.P1 show cause notice was issued to the appellant alleging that as a Branch Manager of the Bank the appellant was deputed by the Secretary to take the valuation of the properties which were offered as security by the members of the Bank for availing loan and the valuation shown by the appellant is an exaggerated amount. To the show cause notice, the appellant gave Ext.P2 reply dtd. 19/4/2021. However, as per Ext.P3 order dtd. 26/5/2021 issued by the 4th respondent, he was placed under suspension. Thereafter a domestic enquiry was conducted by appointing a retired Assistant Registrar as the Enquiry Officer. As per Ext.P4 enquiry report dtd. 12/11/2021, the allegations against the appellant were found against him and based on that report by Ext.P5 order dtd. 26/5/2021 of the Bank, the appellant was demoted as Senior Clerk. The appellant then filed Ext.P6 appeal dtd. 4/2/2022 before the 5th respondent, the Managing Committee of the Bank. Thereafter with similar allegations, Ext.P7 show cause notice dtd. 24/11/2022 was issued to him to which the appellant gave Ext.P9 reply dtd. 7/12/2022. The appellant was again placed under suspension by Ext.P10 order dtd. 13/1/2023 issued by the 4th respondent. The appellant then submitted Ext.P11 representation dtd. 10/2/2023 to the 4th respondent praying for revocation of the suspension. It was thereafter, the appellant filed the writ petition which was disposed of by the learned Single Judge issuing a direction to the 3rd respondent to complete the disciplinary proceedings in accordance with law, expeditiously, preferably within a period of 4 months.

(3.) Heard the learned counsel for the appellant, the learned Senior Government Pleader and the learned Standing Counsel for respondents.