IN THE HIGH COURT OF KERALA AT ERNAKULAM WA.No. 1183 of 2009() 1. MUHAMMED V. SECRETARY,KUZHIMANNA SERVICE ... Petitioner Vs 1. KUZHIMANNA SERVICE CO-OPERATIVE BANK ... Respondent 2. THE JOINT REGISTRAR OF CO-OPERATIVE For Petitioner :SRI.P.P.JACOB For Respondent :GOVERNMENT PLEADER The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice C.T.RAVIKUMAR Dated :09/11/2009 O R D E R KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1183 OF 2009 --------------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT
Kurian Joseph, J.
The appellant is the petitioner in the Writ Petition. He approached this
Court complaining of the procedural illegality committed by the disciplinary
authority in imposing a graver punishment than what is suggested in the show
cause notice. The learned Single Judge relegated the petitioner to pursue the
remedy under Section 69 of the Co-operative Societies Act. In view of the
admitted factual position, we do not think that the petitioner should be
relegated to pursue that remedy. The contention is that the proceedings are
vitiated. In case, the graver punishment was to be imposed, even by reversing
the findings in the domestic enquiry, there is a procedure established under
law. It is certainly open to the petitioner to follow that procedure and take
appropriate action, in accordance with law. Without prejudice to such liberty
to the respondent- Co-operative Society, Exts.P4 and P5 are quashed.
The Writ Appeal is allowed as above.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
spc
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