In a contempt proceeding, the High Court of Kerala granted the petitioner liberty to challenge a termination order in pending civil writ proceedings and permitted the withdrawal of the contempt petition.
Liberty to challenge the termination order in the principal writ petition and permission to withdraw the contempt 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
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
CON.CASE(C) NO. 175 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 25123/2021 OF HIGH COURT OF
KERALA
PETITIONER/PETITIONER IN W.P.(C) 25123/2021:
K.J,AMMINIKUTTY
AGED 69 YEARS, W/O THE LATE ABRAHAM GEORGE
PACHAYIL
CHIEF EXECUTIVE OFFICER (UNDER TERMINATION)
THIRUVALLA EAST CO-OPERATIVE BANK LTD. NO.3260
ERAVIPEROOR P.O, TIRUVALLA, PATHANAMTHITTA
DISTRICT RESIDING AT PACHAYIL HOUSE,
OONNUKAL P.O, PATHANAMTHITTA, PIN - 689647
BY ADVS.
GEORGE ABRAHAM PACHAYIL
TOMS MATHEW
O.K.DEEPAMOL
BIJI JOSLET GEORGE
RESPONDENTS/RESPONDENTS:
1JACOB GEORGE
AGED 64 YEARS, S/O GEORGE
THE CHAIRMAN OF THE BANK THE THIRUVALLA EAST CO-
OPERATIVE BANK LTD.3260 ERAVIPEROOR P.O,
PATHANAMTHITTA DISTRICT, PIN – 689542
(THE CHAIRMAN OF THE 1ST RESPONDENT BANK IN W.P.
(C) 25123/2021)
2K.MOHANAN
AGED 59 YEARS, S/O KRITHIVASAN
S/O KRITHIVASAN THE GENERAL MANAGER, THE
THIRUVALLA EAST CO-OPERATIVE BANK LTD.3260
ERAVIPEROOR P.O, PATHANAMTHITTA DISTRICT. PIN –
689542 (THE CHAIRMAN OF THE 1ST RESPONDENT BANK
IN W.P.(C) 25123/2021)
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Con.Case (C) No. 175 of 2023
2
JUDGMENT
Learned counsel for the petitioner seeks liberty to challenge the order of termination in accordance with law. Liberty is granted.
Contempt case is permitted to withdraw with liberty
afore mentioned.
Sd/-
AMIT RAWAL, JUDGE
mtk
Con.Case (C) No. 175 of 2023
3
APPENDIX OF CON.CASE(C) 175/2023
PETITIONER ANNEXURES
Annexure A 1JUDGMENT OF THE HON'BLE HIGH COURT OF
KERALA IN W.P(C) 25123/2021, DATED
23/11/2021 - CERTIFIED COPY
Annexure A 2COPY OF A RESOLUTION DATED 28/10/2022, OF
THE BOARD OF DIRECTORS OF THE THIRUVALLA
EAST CO-OPERATIVE BANK LTD, TO TERMINATE
THE PETITIONER FROM THE POST OF CHIEF
EXECUTIVE OFFICER SIGNED BY 1ST AND 2ND
RESPONDENT. A COPY OF THIS WAS GIVEN TO
THE PETITIONER ONLY ON 19/12/2022.
Annexure A 3THE AGENDA OF THE GENERAL BODY MEETING,
PUBLISHED DATED 22/11/2022, PRODUCED
ALONG WITH A READABLE COPY OF THE SAME IN
MALAYALAM AND A TRANSLATION IN ENGLISH.
Annexure A 4TERMINATION ORDER ISSUED AGAINST THE
PETITIONER BY THE BANK SIGNED BY THE 1ST
RESPONDENT, DATED 19/12/2022
K.J. Amminikutty
Jacob George
K. Mohanan
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court