Disposed

M.Ravindran v. the Joint Registrar

Kerala HC24 Mar 2010WP(C)/7927/2010

Case brief

AI extract

What is this about?

The High Court directed the Joint Registrar to consider a pending Rule 176 petition filed by a dismissed bank secretary and pass appropriate orders within two months after affording an opportunity of hearing. The delay in passing orders was alleged to cause prejudice.

What did the court decide?

Direction to respondent to consider pending Rule 176 petition and pass appropriate orders within two months.

M.Ravindran Vs the Joint Registrar — Cooperative Societies | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932

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WP(C).No. 7927 of 2010(M) ---------------------------------------

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PETITIONER(S): -------------------------

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M.RAVINDRAN, THARAYIL MADATHIL HOUSE, ERAMANGALAM P.O., MALAPPURAM DISTRICT.

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BY ADVS. MR.M.SASINDRAN, MR.V.GIRISHKUMAR.

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RESPONDENT(S):

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---------------------------

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM.

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2. MARANCHERY SERVICE CO-OPERATIVE BANK LTD.NO.28, REPRESENTED BY ITS SECRETARY, MARANCHERY P.O., MALAPPURAM DISTRICT.

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3. THE PRESIDENT, MARANCHERY SERVICE CO-OPERATIVE BANK LTD. NO.28, MARANCHERY P.O., MALAPPURAM DISTRICT.

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R1 BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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K.SURENDRA MOHAN, J. ------------------------------------------W.P.(C) No.7927 of 2010

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Dated this the 24^th day of March, 2010

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JUDGMENT

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The petitioner was the Secretary of the second respondent bank. Disciplinary action was taken against him on various charges of misappropriation, fabrication of documents and availing of loan in the name of another person without his knowledge. An enquiry was conducted and the petitioner was found guilty of the charges levelled against him and he was dismissed from service. Though the petitioner challenged the order of dismissal passed against him in appeal, he was not successful. Thereafter, the first respondent Joint Registrar rescinded the resolutions as per proceedings dated 27.3.2001. The proceedings of the first respondent were challenged by the bank in an Original Petition, O.P.No.12572/2001 before this Court. This Court upheld the order of the Joint Registrar, but directed that the bank was free to take fresh proceedings in accordance with law. Thereafter, the bank issued fresh proceedings dated 26.4.2002 and dismissed

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wpc No.7927/2010 2

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the petitioner with effect from 2.3.1999. Though the petitioner challenged the order of dismissal passed against him by filing an appeal before the third respondent, the same was dismissed. Thereafter, the petitioner has approached the first respondent by filing a petition under Rule 176 of the Kerala Co-operative Societies Rules, which is still pending. According to the petitioner, though the petition was filed in the year 2002, no orders have been passed thereon till date. Therefore, he prays for appropriate directions to pass orders on Ext.P7 petition filed by him. The petitioner submits that delay in passing orders on Ext.P7 is resulting in serious prejudice and denial of justice to him.

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The learned Senior Government Pleader Mr.K.C.Santhosh Kumar submits that Ext.P7 would be considered and appropriate orders passed without further delay.

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In the above circumstances, this Writ Petition is disposed of directing the first respondent to consider the petition filed by the petitioner under Rule 176 of the Kerala Co-operative Societies Rules evidenced herein by

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wpc No.7927/2010 3

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Ext.P7 and to pass appropriate orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner as well as other interested persons also.

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K.SURENDRA MOHAN, JUDGE

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css/

M.Ravindran v. the Joint Registrar

Case brief

What is this about?

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M.Ravindran v. the Joint Registrar

Case brief

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