V.R. Antony v. Thuruthippuram Service Co-operative Bank Ltd (WP(C) Nos. 8330 of 2020 and 5747 of 2021)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ## **`MONDAY, THE 25[TH] DAY OF JULY 2022 / 3RD SRAVANA, 1944`** ## **`WP(C) NO. 8330 OF 2020`** ## **`PETITIONER:`** ``` V.R.ANTONY, VADAKKEDATH HOUSE, THURUTHIPPURAM P.O, NORTH PARAVOOR, VELLOTTUMPURAM, ERNAKULAM ``` ``` BY ADV P.P.JACOB ``` ## **`RESPONDENTS:`** - `1 THE THURUTHIPUPPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 1789, THURUTHIPPURAM P.O, ERNAKULAM 680 667, REPRESENTED BY ITS SECRETARY.` - `2 THE BOARD OF DIRECTOR OF THE THURUTHIPPURAM SERVICE CO-OPERATIVE BANK LTD NO. 1789 THURUTHIPPURAM P.O, ERNAKULAM 680 667 REPRESENTED BY ITS PRESIDENT.` - `3 THE CHAIRMAN, DISCIPLINARY COMMITTEE, THURUTHIPPURAM SERVICE CO-OPERATIVE BANK LTD NO. 1789, THURUTHIPPURAM P.O, ERNAKULAM 680 667` - `4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) NORTH PARAVOOR, ERNAKULAM 680 667` ``` 5THE JOINT REGISTRAR OF CO-OEPRATIVE SOCIETIES ERNAKULAM CIVIL STATION, B-2 BLOCK, 5TH FLOOR, KAKKANADU, ERNAKULAM PIN 682 030 ``` ``` BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE ``` ``` SRI JOBY JOSEPH(SR GP) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.07.2022, ALONG WITH WP(C).5747/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 8330/20 & 5747/21 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ``` MONDAY, THE 25[TH] DAY OF JULY 2022 / 3RD SRAVANA, 1944 ``` ## **`WP(C) NO. 5747 OF 2021`** ## **`PETITIONER:`** ``` V.R ANTONY, VADAKKEDATH HOUSE, THURUTHIPPURAM P.O, NORTH PARAVOOR, VELLOTTUMPURAM, ERNAKULAM. ``` ``` BY ADVS. P.P.JACOB SRI.T.P.GOPAKUMAR ``` ## **`RESPONDENTS:`** ``` 1THE THURUTHIPURAM SERVICE CO-OPERATIVE BANK LTD NO.1789, THURUTHIPPURAM P.O, ERNAKULAM- 680 667, REPRESENTED BY ITS SECRETARY. ``` ``` 2THE BOARD OF DIRECTORS OF THE THURUTHIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO. 1789 THURUTHIPPURAM P.O, ERNAKULAM-680 667, REPRESENTED BY ITS PRESIDENT. ``` ``` 3THE CHAIRMAN, DISCIPLINARY COMMITTEE, THURUTHIPPURAM SERVICE CO-OPERATIVE BANK LIMITED NO. 1789, THURUTHIPPURAM P.O, ERNAKULAM-680 667 4THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ``` ``` NORTH PARAVOOR, ERNAKULAM-667 ``` ``` 5THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM CIVIL STATION, B-2 BLOCK, 5TH FLOOR, KAKKANADU, ERNAKULAM, PIN-682 030 ``` ``` BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.JOBY JACOB – GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.07.2022, ALONG WITH WP(C).8330/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 8330/20 & 5747/21 3 ## **`JUDGMENT`** Both these Writ Petitions have been filed by the same person – Sri.V.R.Antony. While the petitioner was working as Attender in the services of Thuruthippuram Service Co-operative Bank – the 1st respondent in both these Writ Petitions – he was imputed to have committed several acts of misconduct and Exts.P2 and P6 Charge Memos - produced along with WP(C)No.8330/2020, were issued to him. A disciplinary action was thereafter commenced, which finally ended in an order of termination, which has been assailed by him in WP(C)No.5747/2021, produced as Ext.P5 therein. 2. The specific contention of Sri.P.P.Jacob – learned counsel for the petitioner, is that the aforementioned Charge Memos are incompetent since they have been issued by the Disciplinary Sub Committee constituted under Rule 198 of the Kerala Co-operative Societies Rules (KCS Rules for short) and that it has been so declared unambiguously by a learned Division Bench of this Court in Kodanchery Service Co-operative Bank Ltd WPC 8330/20 & 5747/21 4 & Others v. Joshy Varghese & Others (2020 KHC 5394). He submitted that consequently, the enquiry and the order of termination - which are impugned in WP(C)No.5747/2021 - are also without legs to stand on. 3. Smt.Nisha George – learned Standing Counsel for the Society, on the other hand, submitted that the Charge Memos in question were issued much before Joshy Varghese ( supra) had been delivered by this Court and consequently, that her client is justified in having continued with the enquiry, leading to the order of termination. She, therefore, prayed that both these Writ Petitions be dismissed. 4. I must say that the afore submissions of Smt.Nisha George cannot appeal to this Court because, Joshy Varghese (supra) does not declare a new law, but only a pre-existing position of the statutory provisions. When this Court declared, under the ambit of Rule 198 of the KCS Rules, that a Charge Memo ought to be issued only by the Managing Committee of the Society, the fact that the Disciplinary Committee has done so in these cases – which is admitted – would certainly strike at WPC 8330/20 & 5747/21 5 the root of the entire proceedings. In fact, I pointedly asked Smt.Nisha George about this and she only reiterated her earlier submissions that the said Charge Memos were issued before Joshy Varghese ( supra) had been delivered. 5. As I have said above, the fact that Joshy Varghese ( supra) was delivered after the impugned Charge Memos were issued has no relevance at all because, as long as it has been issued by the Disciplinary Sub Committee, it will have to fail from the yardstick of forensic propriety. 6. In the afore circumstances, I am left without doubt that WP(C)No.8330/2020 deserves to succeed; and consequently, that the enquiry, as also the final order, can obtain no imprimatur from this Court. Resultantly; a) WP(C)No.8330/2020 is allowed and Exts.P2 and P6 set aside following Joshy Varghese ( supra). b) Full liberty is reserved to the Society to initiate any action against the petitioner from the stage of issuance of the Charge Memo; for which purpose, all rival contentions are left WPC 8330/20 & 5747/21 6 open. c) As a necessary corollary, WP(C)No.5747/2021 is also allowed and Exts.P5 and P6 are set aside. All resultant consequences shall follow. ``` Sd/- ``` ``` RR ``` ``` DEVAN RAMACHANDRAN JUDGE ``` WPC 8330/20 & 5747/21 7 ## **`APPENDIX OF WP(C) 5747/2021`** ``` PETITIONER EXHIBITS EXHIBIT P1TRUE PHOTOCOPY OF THE SUSPENSION ORDER 7.3.2018 ISSUED BY THE PRESIDENT OF THE SOCIETY. ``` ``` EXHIBIT P2TRUE COPY OF THE CHARGE MEMO DATED 7.9.2018 ISSUED BY THE THIRD RESPONDENT. ``` ``` EXHIBIT P3TRUE PHOTOCOPY OF THE REPORT FILED BY THE FOURTH RESPONDENT BEFORE THE FIFTH RESPONDENT DATED 28.3.2019. ``` ``` EXHIBIT P4TRUE COPY OF THE NOTICE ISSUED BY THE FIFTH RESPONDENT TO THE FIRST RESPONDENT DATED 13.6.2019. EXHIBIT P5TRUE COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED 13.5.2020. EXHIBIT P6TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 3.12.2020. ``` WPC 8330/20 & 5747/21 8 ## **`APPENDIX OF WP(C) 8330/2020`** ``` PETITIONER EXHIBITS EXHIBIT P1TRUE PHOTOCOPY OF THE SUSPENSION ORDER DATED 7-3-2018 ISSUED BY THE PRESIDENT OF THE SOCIETY EXHIBIT P2TRUE PHOTOCOPY OF THE CHARGE MEMO DATED 7-09-2018 ISSUED BY THE THIRD RESPONDENT. EXHIBIT P3TRUE PHOTOCOPY OF THE EXPLANATION DATED 21-09-2018 SUBMITTED BY THE PETITIOENR BEFORE THE THIRD RESPONDENT EXHIBIT P4TRUE PHOTOCOPY OF THE SUSPENSION ORDER DATED 2-3-2019 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P5TRUE PHOTOCOPY OF THE EXPLANATION DATED 5-3-2019 SUBMITTED BY THE PETITIONER. EXHIBIT P6TRUE PHOTOCOPY OF THE CHARGE MEMO DATED 1-8-2019 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXHIBIT P7TRUE PHOTOCOPY OF THE SUSPENSION ORDER DATED 2-3-2020 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P8TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT DATED 7-3-2019 EXHIBIT P9TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22-2-2020 SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT EXHIBIT P10TRUE PHOTOCOPY OF THE REPORT FILED BY THE FOURTH RESPONDENT BEFORE THE FIFTH RESPONDENT DATED 28-3-2019 EXHIBIT P11TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE FIFTH RESPONDENT TO THE FIRST RESPONDENT DATED 13-6-2019 ```