DHARANEEDHARAN P RESIDING Vs. TALIPARAMBA CO OPERATIVE HOUSE

JUDGEMENT

(1.) The petitioner filed this writ petition with the following prayers.

(2.) The petitioner was working with the first respondent - society. While working so, Ext.P1 show cause notice was issued against the petitioner to show cause why he should not be dismissed from service on the basis of the disciplinary proceeding already initiated against him. As evident from Ext. R1(c) dated 27.2.2006 the petitioner filed an arbitration case as ARC. No. 15/2006 before the Co-Operative Arbitration Court against Ext. P1 notice. The above notice and the proceedings taken against the petitioner were challenged in ARC No. 15/2006.

(3.) In the above arbitration case an IA was also filed for staying the further proceedings in pursuance of the notice dated 27.12.2006. Arbitration Court had granted interim stay. In the meanwhile the first respondent-society after having conducted the enquiry and on the decision taken by the said committee, had issued Ext. R1 (e) by which service of the petitioner has been terminated. In the meanwhile the petitioner retired from service on 30.04.2006. Now the petitioner submits that since the proceedings initiated against him was stayed by the Arbitration Court, the order issued by the first respondent, dismissing him from service is not sustainable and the prayer in the writ petition is that he wants to get the pension. Now a counter affidavit is also filed for and on behalf of the first respondent and this court also heard the counsel for the second respondent - Pension Board.