INDRASENAN Vs. JOINT REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Petitioners, while working in the service of the second respondent were placed under suspension on 15/03/2006. Show cause notices with memos of charges were issued to them on 10/07/2006. Being dissatisfied with their replies, an enquiry was ordered and enquiry officer appointed.

(2.) The elected committee then in office was superseded on 12/01/2007. An administrator was put in charge. Later, Administrative Committee took charge on 08/02/2007. Disciplinary proceedings were dragged on. But the fact remains that neither the then elected committee nor the successor administrator or the Administrative Committee applied for prior approval of the Registrar in terms of R.198(6) of the Kerala Cooperative Societies Rules, 1969, hereinafter., the 'Rules' for short, to continue the petitioners under suspension for a period beyond six months.

(3.) Matters stood so for quite a long time and the managing committee now in office assumed charge on 30/01/2008. The sub committee constituted by the managing committee now in office proceeded further on the basis of the enquiry report and issued show cause notices to the petitioners on its basis. The petitioners replied. The sub committee decided to dismiss the petitioners from service. Exts. R2(a) and R2(b) would show that on 24/09/2008, the petitioners were dismissed from service retrospectively from 15/03/2006 the date on which they were placed under suspension. This writ petition was filed on 03/09/2008, i.e., before the issuance of the orders of dismissal.