STATE OF KERALA Vs. SUNIL C.KURIEN

JUDGEMENT

(1.) The Parties: The State and its officials are the appellants. Respondents 1 to 6 were the office bearers of Indian Red Cross Society, Kerala State Branch ( "the office bearers "). The seventh and eighth respondents are Union of India and Indian Red Cross Society ( "the Society ") respectively. The ninth respondent claims himself to be the whistle blower ( "the Complainant "), though he too was an office bearer of the Red Cross Society.

(2.) Initially, the office bearers filed WPC No.24122 of 2016 against the State, its officials, and the Red Cross, questioning the Ext.P1 order of supersession passed by the Government, here, the first appellant. A learned Single Judge of this Court, through judgment, dated 25.08.2016, allowed the writ petition-quashed the order of supersession. Assailing that judgment, the State and its officials have filed this appeal.

(3.) Before proceeding further, we serve a caveat on ourselves: Two exalted constitutional functionaries of the federal Government-the President of India and the Governor of the State of Kerala-are the principal administrators of the Red Cross Society: one at the Apex or Headquarters level and the other at the State level. They act ex-officio, however. As those constitutional functionaries discharge only their statutory obligations-ex officio, at that-we have referred to them throughout the judgment as the statutory authorities-the Presidents at the respective levels. So, we have dispensed with employing any deferential terms of reference. Brief Facts: