SURESH, V. Vs. THE JOINT REGISTRAR AND OTHERS

JUDGEMENT

(1.) The appellant who is working as the Secretary of Kannadi Service Co-operative Bank Ltd. ('the Bank' for short) has been threatened with suspension from service at the instance of the State Government. It appears that the additional fourth respondent had filed a private complaint against the appellant before the Enquiry Commissioner and Special Judge, Thrissur alleging misappropriation of money. The complaint was referred to the Deputy Superintendent of Police, Vigilance and Anticorruption Bureau, Palakkad for a quick verification and report who recommended a criminal case to be registered against the appellant. Accordingly F.I.R. No. 6/2016 has been registered against the appellant under the various provisions of the Prevention of Corruption Act, 1988 and the Indian Penal Code.

(2.) The authority competent to place the appellant under suspension pending enquiry into the charges is evidently the Bank under Rule 198(6) of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for short). It is as follows:

(3.) The State Government by Ext.P2 communication dated 2.7.2016 directed the Registrar to request the Bank to place the appellant under suspension 'till the investigation of the case is over'. The Registrar accordingly informed the Joint Registrar to initiate proceedings who in turn by Ext.P1 communication dated 8.2016 directed the Bank to place the appellant under suspension and report. The appellant challenged Exts.P1 and P2 communications on the ground that neither the Government nor the Registrar or Assistant Registrar could dictate to the Bank to place an employee under suspension pending enquiry. The learned single Judge refused to entertain the writ petition observing that the challenge is premature since the direction in the communications have not been implemented. This writ appeal has been filed contending inter alia that the Bank would be constrained to place the appellant under suspension on dictation by the higher ups.