w w w . L a w y e r S e r v i c e s . i n



The President, Kizhakkambalam Service Co-Operative Bank Limited, Ernakulam District & Another v/s The Government of Kerala Represented by Its Secretary To Government, Department of Co-Operation, Thiruvananthapuram & Others


Company & Directors' Information:- CO-OPERATIVE COMPANY LIMITED [Active] CIN = U51226DL1910PLC299886

Company & Directors' Information:- CO-OPERATIVE COMPANY LIMITED [Active] CIN = U51226UP1910PLC000093

Company & Directors' Information:- KERALA SERVICE CO LTD [Active] CIN = U65191KL1928PLC000532

Company & Directors' Information:- OPERATIVE INDIA PRIVATE LIMITED [Active] CIN = U74300KA2008FTC048079

Company & Directors' Information:- N BANK LTD [Strike Off] CIN = U65191WB1924PLC000442

Company & Directors' Information:- BANK OF KERALA LIMITED [Dissolved] CIN = U65110KL1944PLC000131

Company & Directors' Information:- SERVICE CORPORATION LIMITED [Dissolved] CIN = U93090KL1946PLC001075

    WA. No. 1337 of 2015 In WPC. No. 30565 of 2007

    Decided On, 16 July 2018

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE V. CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN

    For the Petitioners: K. Ramakumar, Senior Advocate, S.M. Prasanth, C. Dinesh, Asha Babu, G. Renjith, Advocates. For the Respondents: R3, P.V. Baby, A.N. Santhosh, R1 & R2, K.R. Deepa, Senior Government Pleader.



Judgment Text

Sathish Ninan, J.

1. Disciplinary proceedings were initiated by the appellant Bank against the third respondent who was working as a Salesman therein. Though he initially sought for adjournment of the proceedings on medical grounds, the proceedings culminated ex parte. As per Ext.P5 dated 01.12.1997, the third respondent was dismissed from service. The third respondent challenged the same before the Joint Registrar of Co-operative Societies under Rule 176 of the Co-operative Societies Rules. As per order dated 05.06.2001, it was held that the enquiry was violative of the principles of natural justice and the order of dismissal was set aside, remitting the matter back for de novo enquiry. Both sides filed appeals before the Government. As per order dated 29.09.2001, the appeals were disposed of directing the Joint Registrar to re-consider the matter. The appellants approached this Court in O.P. No.32552/2001 wherein as per judgment dated 19.03.2002, the order passed by the Government was set aside and the third respondent was directed to prefer an appeal to the Committee of the Bank. The appeal filed pursuant thereto was dismissed by the committee. The third respondent sought to approach the Joint Registrar under Rule 176 of the Cooperative Societies Rules. As per Ext.P7 order, the order of dismissal (Ext.P5) was set aside. Ext.P7 was challenged by the Bank before the Government. As per Ext.P10 dated 11.09.2007, the appeal was dismissed. Challenging Exts.P7 and P10 orders, the writ petition was filed.

2. The learned single Judge confirmed the findings in Exts.P7 and P10 that the disciplinary proceedings were conducted in violation of Rule 198 of the Co-operative Societies Rules, thereby affirming Exts.P7 and P10 orders.

3. Heard Sri.K.Ramakumar, the learned Senior Counsel on behalf of the appellants and Sri.P.V.Baby, the learned counsel appearing for the third respondent and the learned Government Pleader.

4. The learned single Judge affirmed the factual findings in Exts.P7 and P10 orders, regarding violation of Rule 198, on the following aspects:-

(a) Memo of charges were not issued to third respondent.

(b) No intimation was given to the third respondent regarding appointment of enquiry officer.

(c) Regarding the posting of the enquiry on 06.08.1997 which was the last date of the enquiry proceedings, no intimation was issued to the third respondent.

5. Rule 198(2) of the Co-operative Societies Rules reads thus:

'No kind of punishment shall be awarded to an employee unless he has been informed in writing of the grounds on which it is proposed to take action against and he has been afforded an opportunity including a personal hearing to defend himself. Every order awarding punishment shall be communicated to the employee concerned in writing stating the grounds on which the punishment has been awarded.'

Evidently, it incorporates the principles of natural justice, especially granting of sufficient opportunity of hearing to the delinquent. Factual findings by the statutory authorities as affirmed by the learned single Judge, noticed supra, clearly spells out violation of Rule 198(2). Though the learned Senior Counsel for the appellants would, referring to Exts.P4 and P5, contend that the third respondent had sufficient notice of the proceedings as contemplated under Rule 198(2), no material has been brought to our notice, to discredit the factual findings regarding non-service of charge memo, notice regarding appointment of enquiry officer and notice regarding the last hearing date of the disciplinary proceedings.

6. Though the learned Senior Counsel would contend that Ext.P6 was only an appeal preferred before the Joint Registrar and he had no authority to pass orders treating it as one under Rule 176 of the Co-operative Societies Rules, the last paragraph of Ext.P6 petition as well as the first paragraph of the statement submitted by the Bank before the Joint Registrar, demonstrate otherwise. It is specifically stated therein that the application is one under Rule 176. The parties have understood the proceedings before the Joint Registrar to be one under Rule 176. Though it is argued that notice contemplated for a proceeding under Rule 176 has not been issued to the Bank, the said contention cannot be sustained since admittedly the Bank had notice of the proceedings before the Joint Registrar, as is evident from Ext.P7 order.

7. As regards the contention regarding lack of jurisdiction to entertain the petition under Rule 176, in Chithambaran v. Registrar of Co-op. Societies [1996 (2) KLT 66], a Division Bench of this Court relying upon P.S. Co-op. Society v. Rugmini Amma [1996 (1) KLT 100] affirmed that in matters relating to disciplinary proceedings, Registrar has the power under Rule 176 to rescind the resolution if it falls within the mischief mentioned in the Section. The said judgments were followed by this Court in Trivandrum Co-op. Urban Bank Ltd. v. Jt. Registrar of Co-op. Societies [2001 (1) KLT 99]. As per Act 1 of 2000, Section 69 of the Co-operative Societies Act was amended. The amendment came into force with effect from 02.01.2003. In Prakasini v. Joint Registrar [2006 (1) KLT 199], this Court held that after the amendment, disputes in connection with employment, falls for adjudication under Section 69 of the Co-operative Societies Act and there is a statutory exclusion of the authority of the Registrar under Section 176 of

Please Login To View The Full Judgment!

the Co-operative Societies Rules. In the instant case, as noticed supra, the order of dismissal was passed on 01.12.1997. The powers under Rule 176 was invoked as early as on 10.12.1997. We do not think that in the present case, the issue relating to jurisdiction would arise. Since it has been found that the dismissal is in violation of Rule 198(2) of the Co-operative Societies Rules, in the particular facts and circumstances of the case, the resolution was liable to be rescinded under Rule 176. No interference is called for with the judgment of the learned single judge. The appeal is dismissed.
O R







Judgements of Similar Parties

31-07-2020 M/s. The Ramco Cements Ltd., Cement Grinding Unit, Kancheepuram Versus Customs, Excise and Service Tax Appellate Tribunal (South Zonal Bench), Chennai & Another High Court of Judicature at Madras
29-07-2020 Bank of Baroda, Through Its Manager, Maharashtra Versus Balaprasad Bansilal Biyani National Consumer Disputes Redressal Commission NCDRC
29-07-2020 The Karassery Service Co-Operative Bank Ltd., Kozhikode, Represented by Its General Manager Versus State of Kerala, Represented by Secretary, Department of Co-Operative Societies, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
28-07-2020 Dr. Uma Suresh Versus The Authorised Officer, The National Co-Operative Bank Ltd., Bangalore & Others High Court of Karnataka
27-07-2020 M/s. Sainath Security Force & Man Power Service, Represented by its Proprietor B.S. Mannur Versus The State of Karnataka, Represented by its Under Secretary, Bangaluru & Others High Court of Karnataka Circuit Bench OF Kalaburagi
27-07-2020 Punjab National Bank, Guwahati Versus Madhab Kumar Das & Another & Others High Court of Gauhati
22-07-2020 M/s. Rajesh Export Limited, Represented by its Chairman Rajesh Mehta Versus Reserve Bank of India & Another High Court of Karnataka
21-07-2020 State Bank Of India Mini Secretariat Through Its Branch Manager Hisar Haryana Versus Sukh Dass National Consumer Disputes Redressal Commission NCDRC
20-07-2020 Manohar Bandopanth Belekar Versus Dr. Annasaheb Chougule Vadgaon Urban Cooperative Bank Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
16-07-2020 Cheriyan Mathew, Member, The Kanakkary Service Cooperative Bank Limited & Others Versus The Joint Registrar of Co-Operative Societies (General), Kottayam & Another High Court of Kerala
14-07-2020 M/s. Sanwaliya Tractor Sales & Service, Rajasthan & Others Versus Bhagwati Devi Bhatt & Others National Consumer Disputes Redressal Commission NCDRC
13-07-2020 Prabhat Ranjan Deo Versus Union Public Service Commission & Others High Court of Delhi
09-07-2020 New Nagpur Mahila Gramin Vikas Credit Co-Operative Society Ltd. & Another Versus Suman Balaji Thakre National Consumer Disputes Redressal Commission NCDRC
08-07-2020 Packiyalakshmi Versus Joint Registrar/Managing Director, The Central Co-operative Bank Limited, Tirunelveli & Another Before the Madurai Bench of Madras High Court
06-07-2020 B.A.S. Devi Prasad Versus The Telangana Co-operative Tribunal, Rep. by its Registrar High Court of for the State of Telangana
03-07-2020 Axis Bank Ltd., Ahmedabad Versus Securities and Exchange Board of India SEBI Bhavan, Mumbai & Others SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
29-06-2020 Union Bank of India, Punjab Versus Usha Arora & Another National Consumer Disputes Redressal Commission NCDRC
26-06-2020 Kejriwal Mining Pvt. Ltd. & Others Versus Allahabad Bank & Another High Court of Judicature at Calcutta
24-06-2020 M.P. Satheesan, Senior Manager (Retired), Kannur District Co-Operative Bank, Kannur Versus The Kannur District Co-Operative Bank, Represented by General Manager, Kannur & Others High Court of Kerala
22-06-2020 Sushma Kumari Versus The Bank of India, Bandra (E) Mumbai & Others High Court of Judicature at Patna
18-06-2020 State Bank of India, Bombay Thru. Chairman & Others Versus S.B. Singh High Court Of Judicature At Allahabad Lucknow Bench
16-06-2020 Subhash Mehta Versus HDFC Bank Ltd. National Consumer Disputes Redressal Commission NCDRC
15-06-2020 State Bank of India Versus Consumer Affairs & Fair Business Practices, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
12-06-2020 Awadhesh Kumar Versus Multi State Co-operative Land Development Bank, Patna & Others High Court of Judicature at Patna
11-06-2020 Hanumanthappa Pathrera Lakshmana Versus State by Senior Intelligence Officer, Directorate General of Goods & Service Tax Intelligence, Bengaluru High Court of Karnataka
04-06-2020 The Karnataka Public Service Commission, Represented by its Secretary Versus Dr. S.S. Madhukeshwara & Another High Court of Karnataka
02-06-2020 A. Janakiraman Versus The Railway Employees Co-operative Credit Society Limited, rep. by its Chief Executive, Chennai & Others High Court of Judicature at Madras
02-06-2020 Pappu Ram Jat Versus Rajasthan Subordinate & Ministerial Service Selection Board High Court of Rajasthan Jaipur Bench
02-06-2020 Indian Overseas Bank Officers' Association, Reg No: 321/MDS, Rep by its Joint General Secretary, R. Muthukumar Versus Union of India, Represented by its Secretary to Government, Ministry of Finance, New Delhi & Others High Court of Judicature at Madras
02-06-2020 Harsh Nitin Gokhale Versus Reserve Bank of India & Others Supreme Court of India
29-05-2020 The South African History Archive Trust Versus The South African Reserve Bank & Another Supreme Court of Appeal of South Africa
22-05-2020 M/s Gauri Shankar Indane Service, Patna Versus Indian Oil Corporation Ltd., Patna & Others High Court of Judicature at Patna
22-05-2020 Dhiraj Milind Dhurve Versus Union Public Service Commission & Another High Court of Delhi
22-05-2020 State Bank of India Versus M/s. Metenere Ltd. National Company Law Appellate Tribunal
22-05-2020 Union of India, Ministry of Corporate Affairs, New Delhi Versus Oriental Bank of Commerce, Gurgaon National Company Law Appellate Tribunal
21-05-2020 Abhay Singh Versus Bharatiya Reserve Bank Note Mudran (P) Limited, Represented by its Managing Director & Others High Court of Karnataka
21-05-2020 Dhira Sahoo Versus AO, HDFC Bank Ltd. & Another High Court of Orissa
20-05-2020 The Commissioner of Central Excise, Customs & Service Tax, Ernakulam Versus M/s. Bharat Petroleum Corporation Ltd. Kochi Refinery, Ambalamugal, Represented by The Chief Finance Manager High Court of Kerala
20-05-2020 The Bank of New York Mellon, Through its attorney Navneet Singh Versus Indowind Energy Limited, Nungambakkam, Chennai High Court of Judicature at Madras
18-05-2020 Mohan Products Pvt. Ltd & Others Versus State Bank of India, Stressed Assets Recovery Branch, Raipur & Another High Court of Chhattisgarh
15-05-2020 M. Ramasamy Versus State Bank of India, Rep. by its Chief General Manager (Appellate Authority), Chennai & Another High Court of Judicature at Madras
13-05-2020 Swapan Kumar Saha Versus Bangiya Gramin Vikash Bank & Others High Court of Judicature at Calcutta
13-05-2020 Rita Mukherjee Versus UCO Bank & Others High Court of Judicature at Calcutta
12-05-2020 Sri Rama Enterprises Versus State Bank of India High Court of Andhra Pradesh
06-05-2020 Punjab National Bank & Others Versus Atmanand Singh & Others Supreme Court of India
05-05-2020 Bhanumathy Usha & Others Versus The Jammu & Kashmir Bank Ltd., Thiruvananthapuram Branch, Represented by Its, Branch Head Susil Kaloor & Others High Court of Kerala
01-05-2020 Sysco India Private Limited Versus Registrar of Co-Operative Societies, Gujarat State High Court of Gujarat At Ahmedabad
01-05-2020 Bank of Baroda Erstwhile Dena Bank Versus Suresh Chand Seth & Others High Court of Delhi
27-04-2020 Udyavara R. Acharya & Another Versus Jugal Kishor Jagannath Sharda Zenith Co-operative Housing Society Ltd. High Court of Judicature at Bombay
27-04-2020 Shaik Janimiya Versus State Bank of India, SAM Branch II, Rep by its Authorized Officer, Kachiguda, Hyderabad High Court of for the State of Telangana
22-04-2020 In the matter of: NBCC (India) Ltd. Versus ICICI Bank Ltd. & Others National Company Law Appellate Tribunal
21-04-2020 State Bank of India, A Government of India Undertaking Rep by its DGM and Branch Head Stressed Asset Management Branch, Hyderabad Versus The Union of India, Ministry of Finance Rep by its Secretary Services Tax Wing, South Block, New Delhi & Others High Court of for the State of Telangana
21-04-2020 M/s. Aruna Web Offset Printers represented by its Managing Partner & Another Versus Andhra Bank, A Govt of Undertaking, Himayat Nagar Branch & Another High Court of for the State of Telangana
17-04-2020 JR Toll Road Private Limited Versus Yes Bank Limited High Court of Delhi
07-04-2020 H.M. Prakash Versus The State of Co-operative Election Authority, Represented by its Secretary & Others High Court of Karnataka
06-04-2020 Anant Raj Limited Versus Yes Bank Limited High Court of Delhi
01-04-2020 Barclays Bank plc Versus Various Claimants United Kingdom Supreme Court
01-04-2020 Aspen Underwriting Ltd & Others (Appellants) Versus Credit Europe Bank NV United Kingdom Supreme Court
23-03-2020 Rajasthan Public Service Commission & Others Versus Megha Sharma & Others High Court of Rajasthan Jaipur Bench
19-03-2020 Smitha & Others Versus Kerala Co-Operative Tribunal Thiruvananthapuram & Others High Court of Kerala
19-03-2020 Jagdish Kumar Choudhary & Others Versus Rajasthan Public Service Commission, Ajmer Through Its Secretary & Others High Court of Rajasthan Jodhpur Bench
19-03-2020 Branch Manager, Indusind Bank Ltd. Represented By Its Constituted Attorney Sri Souptik Bose Versus Abdul Rajek Khan National Consumer Disputes Redressal Commission NCDRC
18-03-2020 Bratirima Kar Versus Branch Manager, Central Bank of India & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
18-03-2020 Prince Versus The Branch Manager, Indian Bank, Thillainagar Branch, Trichy & Another Before the Madurai Bench of Madras High Court
17-03-2020 P.B. Biju Versus The Managing Committee of The Vayyattupuzha Service Co-Operative Bank, Ltd No. Q 354, Represented by Its President, Pathanamthitta District & Others High Court of Kerala
17-03-2020 Bank of Baroda V/S Kotak Mahindra Bank Ltd. Supreme Court of India
17-03-2020 A Marine Industries Munambam, Ernakulam, Represented by Its Proprietor, P.T. Francis & Others Versus UCO Bank, Represented by The Chief Manager, Ernakulam & Another High Court of Kerala
16-03-2020 Sanjeev Kumar Bansal Versus M/s. Kotak Mahindra Bank Ltd., Chennai & Another High Court of Judicature at Madras
16-03-2020 Jeevan Niwas Co-operative Housing Society Ltd. & Another Versus The State of Maharashtra through Department of Co-operation & Textiles, Mantralaya & Others High Court of Judicature at Bombay
12-03-2020 Tirur Motor Transport Co-Operative Society Ltd., Represented by President, Tirur & Another Versus The Joint Registrar of Co-Operative Societies(General), Malappuram & Another High Court of Kerala
12-03-2020 M. Subramaniyan, President, Chennai Government Officers Co-operative Building Society Ltd., Chennai Versus The Registrar (Housing), Vepery, Chennai & Others High Court of Judicature at Madras
10-03-2020 Raveendran Nair Versus The State Co-Operative Election Commission, Represented by Its Secretary, Thiruvananthapuram & Others High Court of Kerala
06-03-2020 Krishna Enterprise & Others Versus Axis Bank Limited & Another` High Court of Judicature at Calcutta
06-03-2020 J.A. Murugan Versus The Registrar of Co-operative Societies, Kilpauk, Chennai & Another High Court of Judicature at Madras
06-03-2020 RAUS Constructions Pvt. Ltd. Versus Indian Bank High Court of for the State of Telangana
05-03-2020 Muthu Versus M/s. Indusind Bank Limited, Represented by its Power of Attorney R.S. Bharath, Deputy Manager – Legal & Others High Court of Judicature at Madras
05-03-2020 Gunjan Kumar Versus Management of Circle Head Punjab National Bank, Darbhanga & Others High Court of Judicature at Patna
05-03-2020 Chanda Deepak Kochhar Versus ICICI Bank Limited & Another High Court of Judicature at Bombay
05-03-2020 UCO Bank Versus National Textile Corporation Limited & Another Supreme Court of India
05-03-2020 Dr. B. Ganesh Versus The Branch Manager, State Bank of Travancore (now State Bank of India), Wayanad Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
05-03-2020 Bimalkumar Manubhai Savalia Shareholder and Director of M/s Radheshyam Agro Products Pvt. Ltd, At-Sajiyavadar, Taluka: Amreli District: Amreli Versus Bank of India, Gujarat & Others National Company Law Appellate Tribunal
05-03-2020 Muthu Versus M/s. Indusind Bank Limited, Represented by its Power of Attorney R.S. Bharath & Others High Court of Judicature at Madras
04-03-2020 Managing Director Chhattisgarh State Co-Operative Bank Maryadit V/S Zila Sahkari Kendriya Bank Maryadit & Others Supreme Court of India
04-03-2020 Maria Goretti Beck - Maria Beck Versus Infant Jesus Co- operative Housing Society Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
04-03-2020 Internet & Mobile Association of India V/S Reserve Bank of India Supreme Court of India
03-03-2020 In The Matter of: Punjab National Bank, NOIDA Uttar Pradesh Versus State Bank of India Sam Brnach, New Delhi (Branch Code-04109), New Delhi & Others National Company Law Appellate Tribunal
03-03-2020 Md. Waheed V/S The Telangana State Public Service Commission In The High Court Of State Of Telangana
03-03-2020 United Bank of India, West Bengal Versus Ranjan Basu & Others National Consumer Disputes Redressal Commission NCDRC
03-03-2020 M.K. Santhosh Kumar & Another Versus The Federal Bank Ltd., Represented by Chief Mnager & Others High Court of Karnataka
02-03-2020 The Periyar District Consumer Co-Operative Wholesale Stores Ltd. No. AA467 Versus B. Balagopal (Died) Through Lrs. & Others Supreme Court of India
02-03-2020 The Authorized Officer/Chief Manager, Indian Bank, Asset Recovery, Chennai & Others Versus The Tahsildar, Sriperumbudur & Others High Court of Judicature at Madras
02-03-2020 Union Bank of India Versus Rajat Infrastructure Pvt. Ltd. & Others Supreme Court of India
28-02-2020 Bank of India V/S M/s. Brindavan Agro Industries Pvt. Ltd Supreme Court of India
28-02-2020 P.S. Sivaperumal & Another Versus Authorised Officer, UCO Bank, Chennai & Another High Court of Judicature at Madras
28-02-2020 Canara Bank Versus P. Selathal & Others Supreme Court of India
28-02-2020 Trans Asian Industries Exposition Pvt. Ltd. & Others Versus Jammu & Kashmir Bank Ltd & Another High Court of Delhi
28-02-2020 Sharmila Ravi Kumar Versus Chairman & Managing Director Andhra Bank, Sultan Bazar, Hyderabad & Others High Court of for the State of Telangana
28-02-2020 M/s. Padmavathi Hospitality & Facilities Management Services, Rep. by its Partner & Authorized Representative Pradeep Kanumuri & Another V/S The Tamil Nadu Medical Service Corporation (A Government of Tamil Nadu undertaking) Chennai & Others High Court of Judicature at Madras
27-02-2020 N. Elangovan Versus The Deputy Registrar of Co-operative Societies, Krishnagiri & Others High Court of Judicature at Madras