Appeal dismissed with direction that no adverse action be taken against Society Board members or employees without first affording them an opportunity to object to the initiation of surcharge proceedings.
No adverse order or action to be taken against appellants or employees unless they are given an opportunity to file objections against the proposal.
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 C.N.RAMACHANDRAN NAIR &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
THURSDAY, THE 15TH DAY OF MARCH 2012/25TH PHALGUNA 1933
WA.No. 1583 of 2010 ( ) IN WPC/12275/2010
AGAINST THE ORDER/JUDGMENT IN WPC.12275/2010 DATED 07-04-2010
APPELLANT(S)/RESPONDENTS 7 8 AND 9 IN WP:
1. N.BHASURANGAN,PRESIDENT, MARANALLOOR KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD.NO.3994 MARANALLOOR,KOOVALASSERY PO,THIRUVANANTHAPURAM DISTRICT.
2. P.RAJASEKHARAN NAIR, VICE PRESIDENT, MARANALLOOR KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD.NO.3994, MARANALLOOR,KOOVALASSERY PO.
3. K.K.GOPALAN,BOARD ,MEMBER,MARANALLOOR KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD., NO.3994, MANRANALLOOR, KUVALASSERY PO, THIRUVANANTHAPURAM 695 512.
BY ADV. SRI.R.T.PRADEEP
RESPONDENT(S)/PETITIONER& RESPONDENTS 1 TO 6 IN WP:
1. D.GOPINATHAN,AGED 65 YEARS, S/O.LATE DASAN NADAR,AMRUTHALAYAM, VELIYANCODE PO MARANALL0OR VILLAGE NEYYATTINKARA, THIRUVANANTHAPURAM,PAYATTU VILA, VEEDU VELIYANCODE,KOOVALASSERI PO, THIRUVANANTHAPURAM - 695 121.
2. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,CO-OPERATIVE DEPARTMENT, KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
svs
............2/-...
...2...
W.A. NO.1583/2010
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,THIRUVANANTHAPURAM - 695 001.
4. THE JOINT REGISTRAR OF CO-OPERATIVE
5. MARANALL0OR KSHEERA VYAVASAYA
6. DEPUTY DIRECTOR,DIRECTORATE OF
7. THE DIRECTOR,DEPARTMENT OF DAIRY
R2 TO R4, R7 & R8 BY GOVT. PLEADER SPL. GOVT. PLEADER SRI. D. SOMASUNDARAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ.
.................................................................... Writ Appeal No.1583 of 2010
.................................................................... Dated this the 15th day of March, 2012.
JUDGMENT
Ramachandran Nair, J.
This appeal is filed by members of Board of Directors of a Society challenging the judgment of the learned Single Judge directing the Deputy Director of Dairy Development to initiate surcharge proceedings against the members of the Board and employees of the Society. Government Pleader appearing at the admission stage submitted that allegations are taken note of by the Deputy Director and he is conducting enquiry. Surcharge proceedings will be initiated only if irregularities are found and every thing will be done in accordance with the procedure contemplated under the provisions of the Cooperative Societies Act and Rules. We do not know on what basis the appellants can resist an enquiry on complaint which is the responsibility of the statutory authority. We see no merit in the Writ Appeal. However, we make it clear that no adverse order or action should be taken against the appellants or for that matter even against an
W.A. 1583/2010
2
employee of the Society, unless they are given an opportunity to file objections against the proposal. Writ Appeal is dismissed but with the
above observation.
C.N.RAMACHANDRAN NAIR Judge
BABU MATHEW P. JOSEPH Judge
pms
3 issues framed by the court
Whether surcharge proceedings can be initiated without giving the accused an opportunity to file objections.
Whether the learned Single Judge's direction to initiate proceedings without notice requires modification.
Whether the right to be heard applies to members of society boards before adverse action.
1 provisions across 1 enactments
N.Bhasurangan
P.Rajasekharan Nair
K.K.Gopalan
D.Gopinathan
State of Kerala
Registrar of Cooperative Societies
C.N.Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
