High Court Kerala High Court

M.K.Bhanudevan Nair vs Manthuka Government Servants on 1 July, 2008

Kerala High Court
M.K.Bhanudevan Nair vs Manthuka Government Servants on 1 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19790 of 2008(E)


1. M.K.BHANUDEVAN NAIR,
                      ...  Petitioner

                        Vs



1. MANTHUKA GOVERNMENT SERVANTS
                       ...       Respondent

2. JOINT REGISTRAR OF CO-OPERATIVE

3. ASSISTANT REGISTRAR OF CO-OPERATIVE

4. KERALA CO-OPERATIVE TRIBUNAL,

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :01/07/2008

 O R D E R
         Thottathil B. Radhakrishnan, J.
        ==================================
              W.P.(C)No.19790 of 2008
        ==================================
        Dated this the 1st day of July, 2008.


                     JUDGMENT

Petitioner is a former President of the first

respondent Co-operative Bank. It was alleged that

the petitioner, while the President, abused his

official position and mis-appropriated amounts by

encashing 17 Kisan Vikas Patras with the help of

one Sri.P.T.Mathai, who was the Secretary of the

Bank at the relevant time. The Bank initiated

arbitration proceedings and obtained an award

against the petitioner. He filed a revision

against the award before the Kerala Co-operative

Tribunal. That was dismissed as per Ext.P2 on 16-

9-2002. In 2007, he challenged that revisional

order and filed W.P.(C)No.31592 of 2007. That was

dismissed as per Ext.P3 judgment noticing that

there was inordinate delay in challenging the

decision of the Tribunal. However, the concluded

WPC19790/08

-:2:-

findings regarding the abuse of Kisan Vikas Patras

was also noticed.

2. This writ petition is filed again

challenging Ext.P2 decision of the Tribunal, which,

as already noticed, was issued wayback on 16-9-

2002. The ground pleaded is that there was also a

vigilance case and that has resulted in acquittal,

which, according to the petitioner, is an

honourable one. The dichotomy of the proceedings

before the Arbitrator and before the vigilance

court has always to be kept in mind. The mere

acquittal in criminal cases, even if it be one

which clears the accused of blemish, cannot be a

foundation for re-opening the proceedings for

recovery of money which have become final by the

force of Ext.P2 decision on the revision petition

and Ext.P3 judgment in the writ petition. Though

the learned counsel for the petitioner submits that

WPC19790/08

-:3:-

a petition to review Ext.P2 revisional order of the

Tribunal is filed, I am not expressing anything on

merits or even the impact of Ext.P3 judgment on

such review petition. However, I am clear in my

mind that the Arbitrator, having concluded that the

first respondent is entitled to recovery of certain

amounts from the petitioner and that having been

confirmed by the Tribunal in Ext.P2 order, which

action stands affirmed by Ext.P3 judgment of this

Court, no interference is called for in any manner

re-opening those proceedings, that too, in this

writ petition.

This writ petition is hence dismissed in

limine.

Thottathil B.Radhakrishnan,
Judge.

sl.