Petitioners withdrew their apprehension of termination as a Section 65 enquiry found allegations baseless, leading to their promotion. The Court ordered closure of the writ petition on 16-11-2021 based on this update.
Order for closure of the writ petition.
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 AMIT RAWAL
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943
WP(C) NO. 8030 OF 2013
PETITIONERS:
1 V.BINUDAS S/O.SIVADASAN, VANAJA MANDIRAM, ORUMA NAGAR,119, KILIKOLLOOR P.O., KOLLAM-4, (ATTENDER, KILIKOLLOOR SERVICE CO-OPERATIVE BANK LTD., KOLLAM). 2 RANI O. W/O.SYAM KAMAL, KOPPALAVEEDU, SOWHARDHA NAGAR, 92, KILIKOLLOOR P.O., KOLLAM-4 (PEON, KILIKOLLOOR SERVICE CO-OPERATIVE BANK LTD., KOLLAM). 3 NAZILA R. D/O.I.ROHIM, NAZIM MANZIL, SAKTHI NAGAR, T.K.M.C. P.O., KOLLAM-5, (PEON, KILIKOLLOOR SERVICE CO-OPERATIVE BANK LTD., KOLLAM). 4 BINU L.U. S/O.UTHAMAN, KALLAYATHUVEEDU, KALLUMTHAZHAM P.O., KILIKOLLOOR, KOLLAM, (NIGHT WATCHMAN, KILIKOLLOOR SERVICE CO-OPERATIVE BANK LTD., KOLLAM. BY ADVS. SMT.ANU SIVARAMAN SHAMEENA SALAHUDHEEN SMT.A.RAJESWARI
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM – 691 001 2 UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM-691001. 3 KILIKOLLOOR SERVICE CO-OPERATIVE BANK LTD. NO.4251, KOLLAM-691004.
WP(C) NO. 8030 OF 2013
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4 SINDHU J. ARIKKATTUVILA VEEDU, KALLUMTHAZHAM P.O., KILIKOLLOOR, KOLLAM DISTRICT, PIN-691004.
BY ADVS. SRI.BINU PAUL SRI.P.C.SASIDHARAN SRI.SHAJI THOMAS SRI.T.V.VINU
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8030 OF 2013
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JUDGMENT
Petitioners, apprehending the termination at the hands of the respondents, approached this Court through present writ petition, but particularly on the point that a direction was issued by this Court in W.P.(C).No.30240/2012 on 18.02.2013. It is submitted that in pursuance to the aforementioned order an enquiry was held under Section 65 of the Co-operative Societies Act and found that the allegation of charges leading to the threat of termination of the petitioners was baseless and without any foundation. Petitioners are continuing in service and have been promoted and therefore, do no press the writ petition.
In view of what has been noticed above, I order for closure of the writ petition.
Sd/-
AMIT RAWAL JUDGE
nak
WP(C) NO. 8030 OF 2013
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APPENDIX OF WP(C) 8030/2013
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 17.12.2010 ISSUED BY THE RESPONDENT BANK TO THE 1T PETITIONER Exhibit P1(A) TRUE COPY OF THE APPOINTMENT ORDER DATED 17.12.2010 ISSUED BY THE RESPONDENT BANK TO THE 2ND PETITIONER Exhibit P1(B) TRUE COPY OF THE APPOINTMENT ORDER DATED 17.12.2010 ISSUED BY THE RESPONDENT BANK TO THE 4TH PETITIONER Exhibit P1(C) TRUE COPY OF THE APPOINTMENT ORDER DATED 17.12.2010 ISSUED BY THE RESPONDENT BANK TO THE 2ND PETITIONER EXHIBIT P2 TRUE COPY OF NOTIFICAIT PUBLISHED IN DESHABHIMANI DAILY DATED 12.9.2010 EXHIBIT P3 TRUE COPY OF THE RANKED LIST DATED 17.12.2010 ISSUED BY THE RESPONDENT SOCIETY EXHIBIT P3(A) TRUE COPY OF RANKED LIST DATED 17.12.2010 ISSUED BY THE RESPONDENT SOCIETY EXHIBIT P3(B) TRUE COPY OF RANKED LIST DATED 17.12.2020 ISSUED BY THE RESPONDENT SOCIETY EXHIBIT P4 TRUE COPY OF LETTER SENT BY THE 4TH RESPONDENT TO THE REGISTRAR OF COOPERATVE SOCIETIES, THIRUVANANTHAPURAM DATED24.2.2011 RESPONDENT EXHIBIT EXHIBIT R4(A) TRUE COPY OF THE COMPLAINT DATED
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| EXHIBIT R4(B) | 26.11.2010 SUBMITTED TO THE 1ST RESPONDENT TRUE COPY OF THE AFFIDAVIT DATED 04.01.2011 SUBMITTED IN THE ENQUIRY |
|---|---|
| EXHIBIT R4(C) | TRUE COPY OF THE REPORT DATED 12.01.2011, SUBMITTED BY THE ASSISTANT REGISTRAR |
| EXHIBIT R4(D) | TRUE COPY OF THE PROCEEDINGS NO.CRP (2) 8561/2010 DATED 15.10.2011 OF THE 1ST RESPONDENT |
| EXHIBIT R4 (E) | TRUE COPY OF THE INTERIM REPORT DATED 14.12.2011 OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITEIES |
| EXHIBIT R4 (F) | TRUE COPYOF THE SECTION 65 ENQUIRY REPORT DATED 28.09.2012 OF THE SENIOR INSPECTOR OF CO-OPERATIVE SOCEITIES |
| EXHIBIT R4(G) | TRUE COPY OF THE JUDGMENT IN WPC NO.30240/2012 DATED 18.02.2013 OF THIS HON’BLE COURT |
| EXHIBIT R4(I) | TRUE COPY OF THE LETTER DATED 12.02.2012 ISSUED BY THE SECRETARY, CPI (M) KILIKOLLOOR LOCAL COMMITTEE, |
| EXHIBIT R4 (J) | TRUE COPY OF THE LETTER DATED 02.03.2012, ISSUED BY THE BRANCH SECRETARY OF CPM |
| EXHIBIT R4(K) | TRUE COPY OF THE COMPLAINT DATED 24.02.2011 SUBMITTED BY THE 4TH RESPONDENT |
| EXHIBIT R4(L) | TRUE COPY OF THE LETTER NO.KSCB/02/12-13 DATED 13.04.2012 OF THE SECRETARY |
| EXHIBIT R4(M) | TRUE COPY OF THE LETTER DATED 08.05.2013 OF THE SECRETARY |
1 issue framed by the court
Whether to close the writ petition as the petitioners indicated they were in service and promoted following a prior court order and Section 65 enquiry.
Colour shows how this judgement treated each authority
W.P.(C).No.30240/2012Referred¶19
1 provisions across 1 enactments
V.Binudas
Rani O.
Nazila R.
Binu L.U.
Joint Registrar of Co-operative Societies (General), Kollam
Kilikolloor Service Co-Operative Bank Ltd.
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
