Partly allowed

M.J.Sebastian v. Joint Registrar of Co-Opertative Societies

Kerala HC22 Mar 2012WA/565/2012

Case brief

AI extract

What is this about?

Two judges of the High Court of Kerala disposed of a Writ Appeal filed against a single judge order declining interference with a suspension order. The Court held suspension mandates full enquiry and arbitration. It dismissed the appeal but directed the second respondent to complete the enquiry within three months.

What did the court decide?

Direction to second respondent to arrange for completion of enquiry and proceedings within three months.

M.J.Sebastian Vs Joint Registrar of Co-Opertative… — Service and Employment | Kerala HC (2012)

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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 C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 22ND DAY OF MARCH 2012/2ND CHAITHRA 1934

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WA.No. 565 of 2012 () --------------------AGAINST THE ORDER/JUDGMENT IN .NO./ IN WPC.5992/2012 DATED 12-03-2012

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APPELLANT(S):

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M.J.SEBASTIAN,

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(UNDER ORDERS SUSPENSION)

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THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD KOTTAYAM 686001

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENT(S):

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JOINT REGISTRAR OF CO-OPERTATIVE SOCIETIES, (GENERAL), KOTTAYAM 686001

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THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, REPRESENTED BY SECRETARY, KOTTAYAM 686001

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BY GOVERNMENT PLEADER SPL. GOVT. PLEADER SRI. D.SOMASUNDARAM

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. 565/2012

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APPENDIX

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ANNEXURE A1: A TRUE COPY OF THE JUDGMENT REPORTED IN 2002(1)KLT 880

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ANNEXURE A2: A TRUE COPY OF THE JUDGMENT DATED 12.3.2012 IN WP(C) NO.5992/2012.

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// TRUE COPY //

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P.S. TO JUDGE.

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C.N. RAMACHANDRAN NAIR &

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BABU MATHEW P. JOSEPH, JJ.

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W.A No. 565 of 2012

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Dated this the 22^nd day of March, 2012

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JUDGMENT

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Ramachandran Nair, J.

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Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the suspension order issued against the appellant on the ground that the appellant has remedy under Section 69(2) of the Kerala Co-operative Societies Act by way of arbitration before the Arbitration Court. In our view, suspension automatically should lead to full enquiry and appellant's grievance is to be redressed before Arbitration Court against final orders after enquiry. Of course, if suspension itself is opposed, appellant can challenge the same before the Arbitrator under Section 69(2)of the Act. Leaving it open to the appellant, we close the Writ Appeal but with a direction to the second respondent to arrange for completion of enquiry and the

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[W.A.No.565/2012]

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proceedings at the earliest and, in any case, within three months

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from the date of receipt of a copy of this judgment.

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Writ Appeal is disposed of as above.

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Sd/-

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C.N. RAMACHANDRAN NAIR,

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JUDGE

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Sd/-

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BABU MATHEW P. JOSEPH, JUDGE.

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krs.

M.J.Sebastian v. Joint Registrar of Co-Opertative Societies

Case brief

What is this about?

What did the court decide?

M.J.Sebastian v. Joint Registrar of Co-Opertative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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