Application challenging cancellation of peon recruitment results was dismissed. The court held the bank acted in bona fides by cancelling the test upon receiving complaints of corruption and malpractice.
Writ petition dismissed. No costs awarded.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938
WP(C).No. 10009 of 2010 (A)
PETITIONER :
BIJU ISSAC, S/O. ISSAC, NELLANAKAL HOUSE, KOTTUMUGHAM, KAVUMBAYI, KASARAGOD DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S):
1. THE PILICODE SERVICE CO-OPERATIVE BANK LTD. NO.C 652, P.O.PILICODE, KASARAGOD DISTRICT,
REPRESENTED BY ITS SECRETARY.
2. THE PRESIDENT IN CHARGE, PILICODE SERVICE CO-OPERATIVE BANK LTD. NO.C 652, P.O.PILICODE, KASARAGOD DISTRICT.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), HOSDURG.
R1 & R2 BY ADVS. SRI.V.N.RAMESAN NAMBISAN SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN R3 BY GOVERNMENT PLEADER SRI.SWAMIDASAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-11-2016, ALONG WITH WPC.NO. 13846/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.10009/2010
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE NOTIFICATION PUBLISHED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF PEON.
P2 COPY OF THE INTERVIEW CARD ISSUED TO THE PETITIONER.
RESPONDENT'S EXHIBITS:
R1(A) COPY OF THE DECISION DATED 03/4/10 TAKEN BY THE BOARD OF DIRECTORS OF THE BANK.
/TRUE COPY/
P.S.TO JUDGE
sts
A.MUHAMED MUSTAQUE, J.
=========================
W.P.(C).Nos.10009/2010 & 13846/2011
Dated this the 25th day of November, 2016
J U D G M E N T
These writ petitions are related to publication of the rank list to the
post of peons, pursuant to Ext.P1 notification in both the writ petitions.
The stand of the bank is that delay occurred as they received several complaints regarding conduct of the examination and pursuant to that
they have decided to cancel the results of the written test and interview
conducted, subject to the outcome of the pending writ petitions. In
paragraphs 4 and 5 of the counter affidavit filed by the bank in W.P.(C).
No.10009 of 2010, it is stated as follows:
“4. With reference to the averments in paragraph 2 of the writ petition that the Board of Directors of the 1st respondent is awaiting offers from the candidates in the form of money to make appointments is a baseless allegation and amounts to defamation. In fact an outside agency had
W.P.(C).Nos.10009/2010 & 13846/2011
-:2:-
conducted the written test and interview by the Board of Directors (Full Qurom) for the post of peon in the Bank. After the above test, the answer sheets which are received in sealed cover are still in the safe custody of the bank. On account of the allegations raised by persons who were interested in getting appointment in the Bank that in the appointment to the post of peon, corruption and malpractices are involved and also for the fact that such allegations have appeared in newspapers, the rest of the proceedings with respect to the appointment to the post of peon were not completed. The 1st respondent or the 2nd respondent or any other member of the Board of Directors of the Bank has got any personal interest in the appointment to the post of peon. In the meantime, in February 2010, the President of the Bank Shri C. Krishnan Nair went on leave for medical treatment.
W.P.(C).Nos.10009/2010 & 13846/2011
-:3:-
public interest. It is for the bank to conduct written test for valid reasons.
The petitioners are unable to point out any arbitrariness in such decision.
The bank has chosen to cancel the examination on account of the
complaints received and on finding that there are certain illegalities in the
conduct of the examination. This court feel that there is no merit in the
writ petition, accordingly, the writ petition fails and the same is dismissed.
No costs.
Sd/A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether the bank was arbitrary in cancelling the results of the peon recruitment test due to corruption allegations?
BIJU ISSAC
THE PILICODE SERVICE CO-OPERATIVE BANK LTD
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
