Petitioner challenged a termination order issued by the Joint Registrar without hearing him. The Court quashed the order for lack of hearing and directed no fresh inquiry as prior reports validated the original appointment. Order disposed.
Exhibit P3 (impugned termination order) was quashed; the Joint Registrar need not proceed afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
THURSDAY, THE 19TH JULY 2007 / 28TH ASHADHA 1929
WP(C).No. 1749 of 2004(G)
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PETITIONER:
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MUHAMMEDKUTTY, S/O. KUTTY HASSAN, AGED 32, MAVAYIL HOUSE, P.O. NELLIKKAPARAMBA, MUKKOM, KOZHIKODE.
BY ADV. SRI.P.P.JACOB SRI.M.P.CHOTHY
RESPONDENTS:
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1. MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.F.1241, MUKKOM KOZHIKODE, REPRESENTED BY ITS SECRETARY.
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE.
BY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.1749/2004
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1:- COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT. 4.8.95.
EXT.P2:- COPY OF THE INSPECTION REPORT FILED BY 2ND RESPONDENT DT. 1.2.96 BEFORE THE REGISTRAR, TRIVANDRUM.
EXT.P3:- COPY OF THE ORDER ISSUED BY 2ND RESPONDENT DT. 6.1.98.
EXT.P4:- COPY OF THE INTERIM ORDER ISSUED IN CMP. NO.13760/98 IN OP. 7976/98.
EXT.P5:- COPY OF THE LETTER ISSUED BY 2ND RESPONDENT TO THE SECRETARY MUKKOM SCB.
/TRUE COPY/
P.A. TO JUDGE
tss
KURIAN JOSEPH, J.
W.P. (C). NO. 1749 OF 2004
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Dated this the 19th day of July, 2007.
J U D G M E N T
The petitioner was appointed in the first respondent-Bank in the year 1995. Exhibit P1 is the appointment order issued to the petitioner. The said appointment was preceded by notification, written test, interview and publication of rank-list. It appears, some persons raised certain objections against the selection and appointment before the Registrar. A report was called for from the Joint Registrar by the Registrar. The Joint Registrar by Exhibit P2 report, submitted that the selection and appointment were made properly. There was nothing illegal or irregular about them. The Vigilance Wing of the Co-operative Department also held a further enquiry into the matter and reported that there was nothing illegal or irregular about the selection and appointment. Later, the Joint Registrar by Exhibit P3 order dated 06.01.1998, directed the President of the Bank that the employees appointed by the Bank in 1995, including the petitioner should be terminated from service. The reason is that he had received a report from the Assistant Registrar reporting
W.P. (C). 1749/04 2
certain irregularities in the selection and appointment. The petitioner challenges Exhibit P3 mainly on the ground that it has been passed without hearing him.
On the first ground alone, the impugned order is liable to be quashed. The petitioner and other affected employees were not heard. Therefore, Exhibit P3 is quashed. Since the appointment took place in 1995 and especially in view of Exhibit P2, the Joint Registrar need not proceed afresh.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
2 issues framed by the court
Whether the termination order passed without hearing the petitioner is liable to be quashed.
Whether a fresh inquiry is required given the prior reports confirming the regularity of the appointment.
MUHAMMEDKUTTY
MUKKOM SERVICE CO-OPERATIVE BANK LTD.
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
KURIAN JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
