IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16673 of 2004(I)
1. N.BALAKRISHNAN, SREEKRISHNA SADANAM,
... Petitioner
Vs
1. THE KOZHIKODE BHAVANAN NIRMANA
... Respondent
2. THE JOINT REGISTRAR OF CO-OPERATIVE
3. STATE OF KERALA, REP. BY THE SECRETARY,
For Petitioner :SRI.SIBY MATHEW
For Respondent :SRI.P.C.SASIDHARAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :17/07/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.16673 OF 2004
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Dated this the 17th day of July, 2008
JUDGMENT
The petitioner, who was working as Assistant Engineer in
the service of the first respondent, was placed under suspension
on allegations of indiscipline referable to the construction
activities under his supervision. The petitioner submitted his
reply to the chargesheet. The sub committee enquired into the
allegations. Reports of the enquiry was accepted and the
committee imposed the punishment of reversion by one stage,
thereby the petitioner, who was an Assistant Engineer, become a
Work Superintendent. He, thereafter, superannuated on
30.11.1999. The petitioner submitted a representation before
the committee of the society challenging that decision. That was
rejected. He filed an application before the Registrar under Rule
176 of the Kerala Co-operative Societies Rules, 1969,
hereinafter, ‘the Rules’ for short, to rescind the resolution. That
was futile. He filed an appeal, which was also dismissed. Hence,
this writ petition.
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2. The fundamental contention of the petitioner is that in the
light of Rule 198 (3) and (4) of the Rules, sub committee has the
authority to impose any punishment and in such event, he would
have a right of appeal to the committee of the society and such
right of appeal has been deprived by the committee imposing the
punishment. It is also pointed out that the petitioner could not
be held in any way responsible for the alleged defects in the
construction of the buildings which was entrusted to a contractor
selected by the society.
3. I may notice that the punishment imposed is only reversion
to the immediate lower post and it cannot be disputed that the
petitioner, as the Assistant Engineer, was the person to have the
supervisory control of the construction activities of the society,
which is a Bhavana Nirmana Sahakarana Sangham, though the
society may entrust such work to contractors. Under such
circumstances and having regard to the punishment imposed,
the mere fact that there may be apparent infraction of Sub Rules
3 and 4 of Rule 198 of the Rules, that by itself is insufficient for
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this Court to extend its visitorial jurisdiction under Article 226
and interfere with the findings and the punishment, particularly
when the competent authority under Rule 176 and section 83
have rejected the contentions of the petitioner.
For the aforesaid reasons, this writ petition fails. The same
is accordingly dismissed. No costs.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.21/7.