High Court Kerala High Court

Pallikkal Service Co-Operative … vs Assistant Registrar Of … on 2 February, 2010

Kerala High Court
Pallikkal Service Co-Operative … vs Assistant Registrar Of … on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24955 of 2009(L)


1. PALLIKKAL SERVICE CO-OPERATIVE BANK,
                      ...  Petitioner

                        Vs



1. ASSISTANT REGISTRAR OF CO-OP.SOCIETIES,
                       ...       Respondent

2. K.B.RAJESWARA KURUP,

                For Petitioner  :SRI.P.N.MOHANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :02/02/2010

 O R D E R
                  Thottathil B. Radhakrishnan, J.

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                    W.P.(C) No. 24955 OF 2009
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             Dated this the 2nd day of February, 2010

                               JUDGMENT

The petitioner is a Service Co-operative Bank. It proceeded

to make certain appointments of Peons. A selection was

conducted after issuing public notice and calling for applications.

A select list was prepared and the first rank holder was

appointed. Later when a vacancy arose, the second rank holder

was appointed. But, at that time, certain complaints were raised

by the members of the society that led to the issuance of

proceedings under Rule 176 of the KCS Rules. The petitioner

challenged that notice. This Court relegated the petitioner to

place objections to the proposal to invoke Rule 176. It is stated

that this proceedings have not been concluded.

2. However, the 1st respondent Assistant Registrar has

invoked authority under Section 66 of the KCS Act and that is

impugned.

3. Until now, even following the notice dated 13.08.09 the

Joint Registrar has not taken any final decision on the

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proceedings under Rule 176. The plea of the petitioner is that

the complaint that led to this proceedings was merely politically

motivated and there was no substance in the complaint. At any

rate, the Assistant Registrar cannot override the Joint Registrar.

The proceedings of the Joint Registrar had to be completed in

view of the directions issued by this Court in WP(C) No.25822 of

2009.

Accordingly, this Writ Petition is ordered directing that the

impugned proceedings will stand suspended awaiting the result of

the proceedings that the Joint Registrar would conclude under

Rule 176 following the notice dated 13.08.09. The Joint Registrar

of Co-operative Societies, before whom such proceedings is

pending is directed by the force of this judgment, to take up that

and conclude the proceedings thereon within an outer limit of 45

days of receipt of a copy of this judgment. All issues on merits of

allegations are left open. Writ Petition is ordered accordingly.

Thottathil B. Radhakrishnan,
Judge.

ttb

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