JOSHY VARGHESE Vs. KODANCHERY SERVICE CO-OPERATIVE BANK

JUDGEMENT

(1.) This writ petition is filed by an employee of the first respondent/co-operative society challenging his dismissal from service pursuant to disciplinary proceedings.

(2.) The petitioner, in fact, has an efficacious alternate remedy under Section 69 of Kerala Co-operative Societies Act, 1969. However, this Court is not precluded from examining the dismissal if it is pointed out that such dismissal was in violation of the statutory provisions or bye-laws of the society. If the disputed question involved is a mixed question of fact and law, this Court should relegate the parties to approach the authorities under Section 69 of the Act. Therefore, the scope of enquiry in this writ petition is only in regard to the violation of the statutory provisions if any, or any violation of the bye- laws of the Society.

(3.) In this case, the petitioner had pointed out many violations. The first of the violations is in regard to the charge memo. According to the petitioner, the charge memo was issued by the sub committee constituted as a disciplinary committee to inquire into the charges against the employer. The second is in regard to her dismissal from service without issuing show cause notice as against the proposed imposition of the penalty. The third is in regard to change in the composition of the committee before the conclusion of the proceedings. The fourth is with respect to presenting officer becoming a management witness. The fifth is legality of a decision in an appeal of the committee without quorum. The sixth is in relation to a co- delinquent employee who was reinstated in service. Therefore, the petitioner alleges discrimination in regard to imposition of penalty. The seventh is, giving retrospective effect to penalty of dismissal from the service.