High Court Kerala High Court

Mohanan.K. vs Kakkur Service Co-Operative Bank … on 16 November, 2007

Kerala High Court
Mohanan.K. vs Kakkur Service Co-Operative Bank … on 16 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19230 of 2007(L)


1. MOHANAN.K., VELANKANDY HOUSE,
                      ...  Petitioner

                        Vs



1. KAKKUR SERVICE CO-OPERATIVE BANK LTD.
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  :SRI.P.N.MOHANAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :16/11/2007

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                    W.P(C).No.19230 OF 2007
                  -------------------------------------------
            Dated this the 16th day of November, 2007


                              JUDGMENT

Petitioner is a member of the first respondent Bank.

According to him, the first respondent is in financial crisis and

does not have the sufficient commercial support to recruit and

employ further staff. Accordingly, Exts.P8 and P9 have been

made, challenging certain proposals for appointment.

2. Learned counsel for the first respondent Bank submits that

the financial situation of the Bank is not a criteria, on which, an

appointment could be held back, because, staff is necessary to

run the institution and only by running the institution, fund

could be generated to carry on its business. Not only that, he

pointed out that the complaints contained in Exts.P8 and P9 are

insufficient to interfere with the selection process. He also

challenges the maintainability of Exts.P8 and P9 applications,

particularly because, the petitioner is not even an applicant for

the post in question.

WPC.19230/07

Page numbers

3. Having regard to what is aforesaid, it is directed that

Exts.P8 and P9 will be taken up and considered by the second

respondent, after affording sufficient opportunity of being heard

to the petitioner and the first respondent and a decision will be

taken, taking note of all the contentions, including the objection

of the Bank as to the maintainability of Ext.P8 and P9 and also

that there are no grounds to interfere with the selection process.

Let a final decision be taken within an outer limit of two months

from the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above direction.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.