Ullas Bhanu U. v. Kandalloor Service Co-operative Bank Ltd.
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Sathish Ninan
- Judgment Date
- 2023-03-15
- Court Decision / Holding
- Writ petition allowed; Exts. P4 and P6 memo of charges quashed.
- Final Disposition
- Writ petition allowed; Exts. P4 and P6 quashed; petitioner to seek consequential relief from the Society in accordance with law.
Parties to the Case
Appellants / Petitioners
- ULLAS BHANU U., Chief Accountant (Under Suspension), Kandalloor Service Cooperative Bank Ltd. No.2166, PUTHIYAVILA, ALAPPUZHA 690531.
Respondents
- KANDALLOOR SERVICE CO-OPERATIVE BANK LTD., No.2166, PUTHIYAVILA, ALAPPUZHA 690 531 represented by its Secretary-in-Charge
- THE PRESIDENT, KANDALLOOR SERVICE CO-OPERATIVE BANK LTD., No. 2166, PUTHIYAVILA, ALAPPUZHA 690 531
- THE DISCIPLINARY SUB COMMITTEE OF THE KANDALLOOR SERVICE CO-OPERATIVE BANK LTD. No. 2166, PUTHIYAVILA, ALAPPUZHA 690 531 represented by its CHAIRMAN
- V.K. ANIL, ADVOCATE/DOMESTIC ENQUIRY OFFICER, KANDALLOOR SERVICE CO-OPERATIVE BANK LTD. No. 2166, PUTHIYAVILA, ALAPPUZHA 690 531
- RAJAGOPALAN M., CHAIRMAN, DISCIPLINARY SUB COMMITTEE OF THE KANDALLOOR SERVICE CO-OPERATIVE BANK LTD. No. 2166, PUTHIYAVILA, ALAPPUZHA 690 531
- JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) IRON BRIDGE.P.O., ALAPPUZHA 688 011
Legal Representation & Advocates
Counsels for Petitioners
- • B.S. Swathi Kumar Sarangadharan
- • P. Samyuktha Nair
Counsels for Respondents
- • Sri. P.C. Sasidharan
- • Sri. Sunil Kumar KuriaKose
- • Govt. Pleader Sri. R. Gopan
Case Synopsis & Summary
This writ petition challenges two memos of charges (Exts. P4 and P6) issued in disciplinary proceedings against Ullas Bhanu U., an employee of Kandalloor Service Cooperative Bank Ltd. The petitioner contends, relying on Kodanchery SCB v. Joshy Varghese (2020 4 KLT 129 (DB)), that the authority competent to issue a memo of charges is the Managing Committee; a memo issued by the President without explicit Managing Committee authorization renders the disciplinary process defective and liable to be interfered with. The respondent Society counters that the President acted with due approval by the Managing Committee, and therefore Exts. P4 and P6 were issued lawfully. The court recalls Kodanchery, which held that the Managing Committee, as appointing authority, is the competent body to issue the memo of charges, and that merely the delinquent’s failure to object or his participation cannot validate a memo issued by an incompetent authority. On examination of Exts. P4/P6 and the related resolutions, the court finds no explicit indication that the President was acting on behalf of the Managing Committee, and there is no clear authorization in the record. Consequently, the petition is allowed and Exts. P4 and P6 are quashed. The court indicates that the petitioner may seek consequential relief from the Society in accordance with law."
Legal Doctrines & Maxims
- The Managing Committee of the Society which is the appointing authority is the authority competent to issue the memo of charges.
- Mere failure on the part of the delinquent to object to the issuance of the memo by an incompetent authority, or the delinquent’s participation in proceedings, is inconsequential and cannot validate such proceedings.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner submits that Kodanchery SCB v. Joshy Varghese (2020 4 KLT 129 (DB)) holds that the Managing Committee is the competent authority to issue the memo of charges. Issuance by the President, without explicit Committee authorization, renders the disciplinary proceedings defective and amenable to interference. Exts. P4 and P6 fail to show authorization on behalf of the Managing Committee, and the resolution record does not conclusively demonstrate such delegation. The petitioner seeks quashing of the memos and restoration of the disciplinary process under proper authority, with any consequential relief as available.
Contentions of Respondents
The respondents contend that the President issued Exts. P4 and P6 as charge memos with due approval by the Managing Committee, evidenced by relevant resolutions and in accordance with internal procedure. They argue the absence of explicit language to designate the President as acting strictly on behalf of the Committee does not invalidate the process, and the petitioner’s participation does not retroactively cure any procedural lapses. The respondent Bank emphasizes that internal committee resolutions authorize action and that the court should refrain from hampering internal disciplinary measures absent clear illegality or prejudice.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Kodanchery SCB v. Joshy Varghese | 2020 (4) KLT 129 (DB) | Positive | Cited to establish that the Managing Committee is the competent authority to issue the memo of charges; the decision applies as binding precedent and is not overruled in this case. |
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