IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24955 of 2009(L)
1. PALLIKKAL SERVICE CO-OPERATIVE BANK,
... Petitioner
Vs
1. ASSISTANT REGISTRAR OF CO-OP.SOCIETIES,
... Respondent
2. K.B.RAJESWARA KURUP,
For Petitioner :SRI.P.N.MOHANAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :02/02/2010
O R D E R
Thottathil B. Radhakrishnan, J.
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W.P.(C) No. 24955 OF 2009
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Dated this the 2nd day of February, 2010
JUDGMENT
The petitioner is a Service Co-operative Bank. It proceeded
to make certain appointments of Peons. A selection was
conducted after issuing public notice and calling for applications.
A select list was prepared and the first rank holder was
appointed. Later when a vacancy arose, the second rank holder
was appointed. But, at that time, certain complaints were raised
by the members of the society that led to the issuance of
proceedings under Rule 176 of the KCS Rules. The petitioner
challenged that notice. This Court relegated the petitioner to
place objections to the proposal to invoke Rule 176. It is stated
that this proceedings have not been concluded.
2. However, the 1st respondent Assistant Registrar has
invoked authority under Section 66 of the KCS Act and that is
impugned.
3. Until now, even following the notice dated 13.08.09 the
Joint Registrar has not taken any final decision on the
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proceedings under Rule 176. The plea of the petitioner is that
the complaint that led to this proceedings was merely politically
motivated and there was no substance in the complaint. At any
rate, the Assistant Registrar cannot override the Joint Registrar.
The proceedings of the Joint Registrar had to be completed in
view of the directions issued by this Court in WP(C) No.25822 of
2009.
Accordingly, this Writ Petition is ordered directing that the
impugned proceedings will stand suspended awaiting the result of
the proceedings that the Joint Registrar would conclude under
Rule 176 following the notice dated 13.08.09. The Joint Registrar
of Co-operative Societies, before whom such proceedings is
pending is directed by the force of this judgment, to take up that
and conclude the proceedings thereon within an outer limit of 45
days of receipt of a copy of this judgment. All issues on merits of
allegations are left open. Writ Petition is ordered accordingly.
Thottathil B. Radhakrishnan,
Judge.
ttb
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