High Court Kerala High Court

Madappally Service C0-Operative vs State Of Kerala on 7 June, 2007

Kerala High Court
Madappally Service C0-Operative vs State Of Kerala on 7 June, 2007
       

  

  

 
 
  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