IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25796 of 2004(U)
1. MADAPPALLY SERVICE C0-OPERATIVE
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE JOINT REGISTRAR,
3. THE ASST.REGISTRAR,
For Petitioner :SRI.ANIMON A. JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :07/06/2007
O R D E R
KURIAN JOSEPH J.
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W.P.(C) No.25796 of 2004
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Dated 7th June, 2007.
J U D G M E N T
Challenge is on Ext.P2 report of enquiry
conducted under Section 66 of the Kerala Cooperative
Societies Act, 1969 as well as Ext.P4 Government Order.
Though the Government in Ext.P4 found that the enquiry
was not conducted properly, it refused to entertain the
request of the petitioner to set aside the enquiry. It is seen
from Ext.P4 Government Order itself that the enquiry was
conducted “without strictly adhering to the procedure
prescribed under Rule 66 of Kerala Cooperative Societies
Rules. The Assistant Registrar has admitted that the
inspection was conducted in a hurry. No registered noitce
with acknowledgement due was issued to the
President/Secretary of the Bank or to the Circle Cooperative
Union or Financing Bank. No specific point/points on which
inspection is to be made is mentioned in the order
authorising to conduct inspection.” In view of the admitted
WP(C) NO.25796/04 2
position as above, it is fairly clear that there is no proper
enquiry as warranted under Rule 66 of the Rules, as held by
this Court in Ellakkal Service Cooperative Bank v. State
of Kerala (1997(2) KLT 85). I quash Exts.P2 and P4.
However, I make it clear that the judgment shall not stand in
the way of the authorities conducting a proper enquiry in
accordance with law.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J.
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O.P. NO. OF 2003
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J U D G M E N T
Dated 7th June, 2007.
WP(C) NO.25796/04 4