Suhana.T.T and Deepak Lal v Mukkom Service Co-operative Bank Ltd & Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Amit Rawal
- Judgment Date
- 2021-09-07
- Court Decision / Holding
- Ext.P10, dated 25.08.2021, is quashed. The writ petition is allowed. However, the Co-operative Society is not absolved from remaining obligated to comply with resolution No.VI of 24.08.2021; advance notice must be given to petitioners and materials supplied in accordance with law for a hearing. The court directs that the Society/Registrar proceed in a manner consistent with due process and the principles of natural justice, rather than summarily terminating employees. The decision should be revisited with proper notice, hearing, and material furnished, and in line with lawful procedures.
- Final Disposition
- Writ petition allowed; Ext.P10 quashed; directions to conduct further proceedings with due process and opportunity to be heard.
Parties to the Case
Appellants / Petitioners
- Suhana.T.T, D/o Sulaiman T.T. Thayyil Thodukayil House, Neeleeswaram P.O. Omassery, Kozhikode
- Deepak Lal, S/o Padmanabhan Nair, Kodingoth House, Chathamangalam P.O., Nil Kozhikode
Respondents
- The Mukkom Service Co-operative Bank Ltd, No. F 1241, Manassery, Mukkom, Kozhikode-673 602 represented by its Secretary
- The Administrative Committee, Mukkom Service Co-operative Bank Ltd No. F 1241, Mukkom, Kozhikode-673 602 represented by its Convener
- The Joint Registrar of Co-operative Societies (G), Kozhikode, Office of the Joint Registrar of Co-operative Societies, Puthiyara, Kozhikode-673 004
Legal Representation & Advocates
Counsels for Petitioners
- • P.P. Jacob
- • Mariya Jacob
- • Mariya Titty
Counsels for Respondents
- • Sri Jimmy George
- • Sri M. Sasindran SC
Case Synopsis & Summary
This is a Kerala High Court writ petition under Article 226 challenging Ext.P10, an order by the Administrative Committee of Mukkom Service Co-operative Bank Ltd terminating the petitioners’ services as peons. The petitioners were appointed after a notification process pursuant to 12.08.2013 to fill posts including two peons; several earlier petitions had challenged irregularities in appointments and vacancies, with the Joint Registrar initially holding the appointments regular in 2014, and several petitions (W.P.(C) No.29093/2013, No.20518/2014, and others) arising out of competing challenges to posts and selection. In 2019, the bank invited fresh posts by notification dated 10.04.2019, and a series of petitions (W.P.(C) Nos. 14424/19, 10284/2019, 978/2019, 29090/2013) culminated in a court judgment on 02.04.2019 directing notification of three new vacancies and allowing petitioners to apply, without addressing the validity of the underlying selection process. By 25.08.2021, the erstwhile committee issued Ext.P10 removing the petitioners with a note of irregularity, prompting the petitioners to approach this Court. The Court, observing that Ext.P10 was issued without certain materials and opportunity, invoked judicial review while acknowledging the possibility of backdoor appointments. It relied on Purushothaman v. Registrar to discuss natural justice and quashed Ext.P10, directing that the Society provide advance notice and materials for a hearing under law. The petition is thus allowed, with directions to proceed in compliance with due process rather than through summary termination.
Provisions of Law Cited
Legal Doctrines & Maxims
- Principles of natural justice (audi alteram partem)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that Ext.P10, the termination order, was passed by the Administrative Committee without prior notice or opportunity of hearing, violating the principles of natural justice. They emphasize that the bank’s process has a history of litigation challenging postings and vacancies since 2013-2014, and that the 2018-2019 notification and the resulting selection were tainted by irregularities. They seek quashing of Ext.P10 and restoration or continuation of their service pending due process under the Co-operative Societies Act, arguing that due process and hearing are essential before punitive action is taken, especially given the unresolved questions about the legality of earlier appointments. The petitioners rely on prior court directions, insist on compliance with fair process, and urge this Court to exercise its supervisory writ jurisdiction to ensure legality, transparency, and remedy through due procedure.
Contentions of Respondents
The respondents’ counsel acknowledge the termination order’s dependence on earlier Registrar orders and the court’s findings but contend that Ext.P10 was issued in the context of irregular appointments and in the wake of regulatory and administrative concerns. They argue that the bank’s actions ought to be synchronized with the Registrar’s orders and relevant statutory provisions under the Kerala Co-operative Societies Act, and that the petitioners, if aggrieved, should pursue appropriate remedies, including arbitration where applicable. They contend that natural justice was not strictly complied with in Ext.P10 and emphasize the need for a hearing, but also defend the bank’s right to rectify irregularities in accordance with law, subject to due process.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Purushothaman v. Registrar | (1996 KHC 261) | Positive | Used to support that non-compliance with natural justice can be negated in cases where appointments were via backdoor methods; the ratio is considered applicable to the facts, reinforcing a cautious approach to natural justice when backdoor appointments are involved. |
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