High Court Kerala High Court

Delson.P.Davis vs Trichur District Co-Operative … on 20 November, 2008

Kerala High Court
Delson.P.Davis vs Trichur District Co-Operative … on 20 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2179 of 2008()


1. DELSON.P.DAVIS, SECRETARY (UNDER
                      ...  Petitioner

                        Vs



1. TRICHUR DISTRICT CO-OPERATIVE HOSPITAL
                       ...       Respondent

2. THE ADMINISTRATIVE COMMITTEE,

                For Petitioner  :SRI.P.RAVINDRAN (SR.)

                For Respondent  :SRI.P.C.SASIDHARAN

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :20/11/2008

 O R D E R
              J.B.KOSHY & THOMAS P. JOSEPH, JJ.
               ================================
                       W.A.No.2179 of 2008
                ===============================
           Dated this the 20th day of November, 2008.

                          J U D G M E N T

KOSHY, J.

The appellant is the Secretary of the Co-Operative Hospital

Ltd. He was suspended pending enquiry by Ext.P6 order dated

22.9.2008. The above society was superceded and the

suspension order was issued by the Convenor of the

Administrative Committee. Six charges were mentioned in

Ext.P6 suspension memo. It is the contention of the petitioner

that even if all the six allegations are admitted no action can be

taken against him. When he was the Secretary, he was

implementing all the directions of the Director Board and there is

no dereliction of the duty on his part. After the writ petition was

filed, another memo was issued containing additional charges. It

is his case that even the additional charges were framed with

malafide intentions. There is no prima facie case against him. It

is also contended that since the Administrative Committee was

W.A.No.2179 of 2008

2

not the appointing authority it could not take disciplinary action

against him. We are of the view that when Administrative

Committee takes charge of the management of the society, if any

misconduct is committed by the employee, it is entitled to initiate

action against the delinquent employee. But suspension can be

made only for very valid reasons. For misconduct alleged, every

person need not be suspended. Only if charges are very serious

and continuation of the employee in his post will affect the

enquiry, then only suspension pending enquiry need be imposed.

Learned counsel for the respondents contended that petitioner

has got an effective remedy under Section 69(d) of the Kerala

Co-Operative Societies Act. Therefore, if the petitioner is

aggrieved by the suspension order, he may take the alternative

remedy as directed by the learned Single Judge. It is true that

the subsistence allowance as per Rules during the period of

suspension should be released to the petitioner. The enquiry has

to be concluded within three months from the date of judgment

W.A.No.2179 of 2008

3

of the learned Single Judge as directed in the impugned

judgment. If the enquiry is not able to be concluded in three

months ie., before 7.1.2009, the suspension should be

immediately dropped and the appellant should be reinstated in

service, though enquiry can be continued. The petitioner should

also co-operate with the enquiry.

With these observations, this appeal is dismissed.

J.B.KOSHY, JUDGE

THOMAS P. JOSEPH, JUDGE

bkn/-