Mookkannoor Service … vs Saju Paul on 16 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1550 of 2010()


1. MOOKKANNOOR SERVICE CO-OPERATIVE BANK
                      ...  Petitioner
2. BOARD OF DIRECTORS OF THE MOOKKANNOOR

                        Vs



1. SAJU PAUL, MATTEKKAL HOUSE,
                       ...       Respondent

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES

3. THE JOINT REGISTRAR OF (AUDIT)

4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE

5. THE DIRECTOR OF CO-OPERATIVE (AUDIT)

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :16/09/2010

 O R D E R
               C.N.RAMACHANDRAN NAIR &
                  K.SURENDRA MOHAN, JJ.
                        -------------------------
                      W.A No.1550 of 2010
                        --------------------------
            Dated this the 16th September, 2010


                          J U D G M E N T

Ramachandran Nair, J.

First respondent is a member of the 1st appellant

Bank who has raised allegation against the Managing

Committee of the Bank stating that Bank’s funds are

misappropriated by them. A complaint filed before the

Joint Registrar (Audit) was not seriously taken note of by

him. Accordingly, petitioner approached this Court for a

direction to the Joint Registrar (Audit) to conduct enquiry,

inspection and investigation based on respondent’s

complaint. The court allowed the prayer against which

this writ appeal is filed.

2. The main objection raised by the appellant Bank

is that the Joint Registrar (Audit) is not the authority to

conduct an enquiry. We do not find any substance in the

allegation because, according to the respondents, the Joint

Registrar, Ernakulam is in charge of Audit. In any case,

the Audit Officer will be the right officer to enquire into

W.A No.1550 of 2010
2

the allegations or irregularities. If the appellants are not

involved, they should co-operate with the enquiry so that

they can get exoneration from the allegations. No adverse

action will also be taken against the appellant Bank or

Directors without giving them due opportunity of hearing.

We do not find any merit in the appeal and the same

is dismissed with the above observations.

C.N.RAMACHANDRAN NAIR
JUDGE

K.SURENDRA MOHAN
JUDGE
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