IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36822 of 2008(H)
1. G.SURENDRAN,
... Petitioner
Vs
1. CHEMMARUTHY SERVICE CO.OP.BANK LTD.,NO.T
... Respondent
2. JOINT REGISTRAR OF CO.OP.SOCIETIES,
3. V.SAJU, CONVENER OF DISCIPLINARY SUB
For Petitioner :SRI.P.N.MOHANAN
For Respondent :SRI.M.RAJAGOPALAN NAIR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :06/01/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.36822 of 2008-H
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Dated this the 6th day of January, 2009.
JUDGMENT
This writ petition is filed challenging
disciplinary proceedings. According to the
petitioner, the only allegation against him is
that he had availed casual leave for nearly a
week on grounds attributable to ill-health. He
alleges that neither the Enquiry Officer nor the
Disciplinary Authority is entitled to sit in
judgment over the wisdom of the medical expert
who granted the certificate. As of now, during
the pendency of this writ petition, the
petitioner has been terminated from service
following the decision of the Sub Committee of
the employer society. The petitioner, therefore,
has an intra-institutional appeal to the Board of
Directors (Committee). After exhausting that, he
may even have remedy by way of arbitration under
WP(C)36822/08 -: 2 :-
Section 69 of the KCS Act. But, it is pointed
out on behalf of the petitioner that the
petitioner is due to retire by the last working
day of June, 2009 and it will only be continued
harassment to keep him out of office. Under such
circumstances, this writ petition is ordered
directing that if the petitioner files his appeal
to the committee at the earliest, that will be
considered and disposed of within a period of two
weeks from the date of receipt of that appeal and
a decision rendered to facilitate the petitioner
to move the appropriate authority for further
statutory remedy, if necessary. All other issues
are left open.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/060109