PRESIDENT, KIZHAKKAMBALAM SERVICE CO-OPERATIVE BANK LIMITED Vs. GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT

JUDGEMENT

(1.) Disciplinary proceedings were initiated by the appellant Bank against the third respondent who was working as a Salesman therein. Though he initially sought for adjournment of the proceedings on medical grounds, the proceedings culminated ex parte. As per Ext.P5 dated 01.12.1997, the third respondent was dismissed from service. The third respondent challenged the same before the Joint Registrar of Co-operative Societies under Rule 176 of the Co-operative Societies Rules. As per order dated 05.06.2001, it was held that the enquiry was violative of the principles of natural justice and the order of dismissal was set aside, remitting the matter back for de novo enquiry. Both sides filed appeals before the Government. As per order dated 29.09.2001, the appeals were disposed of directing the Joint Registrar to re-consider the matter. The appellants approached this Court in O.P. No.32552/2001 wherein as per judgment dated 19.03.2002, the order passed by the Government was set aside and the third respondent was directed to prefer an appeal to the Committee of the Bank. The appeal filed pursuant thereto was dismissed by the committee. The third respondent sought to approach the Joint Registrar under Rule 176 of the Cooperative Societies Rules. As per Ext.P7 order, the order of dismissal (Ext.P5) was set aside. Ext.P7 was challenged by the Bank before the Government. As per Ext.P10 dated 11.09.2007, the appeal was dismissed. Challenging Exts.P7 and P10 orders, the writ petition was filed.

(2.) The learned single Judge confirmed the findings in Exts.P7 and P10 that the disciplinary proceedings were conducted in violation of Rule 198 of the Co-operative Societies Rules, thereby affirming Exts.P7 and P10 orders.

(3.) Heard Sri.K.Ramakumar, the learned Senior Counsel on behalf of the appellants and Sri.P.V.Baby, the learned counsel appearing for the third respondent and the learned Government Pleader.