A job applicant alleged bribery in a co-operative bank's Night Watcher selection and complained under Rule 176; the Joint Registrar dismissed the complaint without allowing him to adduce evidence. The court quashed that order and directed a fresh hearing with evidence opportunity.
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.
WPC 16086/24
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 16086OF 2024
PETITIONER/S:
M.S. VIMAL KUMAR, AGED 38 YEARS S/O MURALEEDHARAN NAIR, SREE BHAGAVATHY MANDIRAM, KOOTAYANIMOODU, VELLANAD P.O,
THIRUVANANTHAPURAM DISTRICT., PIN - 695543
BY ADVS. T.I.UNNIRAJA S.G.SREEKANTH S.BADUSHA FAHEEM AHSAN.S
VAIDERSH H.S. R.S.VISRUTH
RESPONDENT/S:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THYCAUD, THIRUVANANTHAPURAM, PIN - 6950142 VELLANAD SERVICE CO-OPERATIVE BANK LTD. NO. 2379 REPRESENTED BY SECRETARY, VELLANAD P.O., THIRUVANANTHAPURAM, PIN - 6955433 THE BOARD OF DIRECTORS, VELLANAD SERVICE CO-OPERATIVE BANK LTD. NO. 2379 VELLANAD P.O., THIRUVANANTHAPURAM, PIN - 6955434 THE PRESIDENT, VELLANAD SERVICE CO-OPERATIVE BANK LTD. NO. 2379 VELLANAD P.O., THIRUVANANTHAPURAM, PIN - 6955435 ASSISTANT REGISTRAR (GENERAL) ASSISTANT REGISTRAR'S OFFICE, REVENUE TOWER, NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695541OTHER PRESENT:
GP SMT ANIMA M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 5th day of June 2024)
The petitioner applied for the post of Night Watcher in
the 1st respondent Society vide notification No.1/2019. The petitioner submits that the 4th respondent had asked him Rs.4 lakhs to be paid for selecting him for the said post in the 1st respondent society. He raised the money from his family members and paid it to the 4th respondent in 2020. Even thereafter, the 4th respondent postponed the selection process and a complaint was filed by the petitioner before the Kerala
Pradesh Congress Committee, who had intervened in the matter, and as a result, the petitioner received the money back from the 4th respondent.
respondent had obtained Rs.12 lakhs from other candidate to
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the same post. Oral complaint was raised before the 5th respondent, but no written complaint was accepted. Thereafter, the petitioner filed A.R.C. No.15/2022 challenging the selection process for the vacant post of Night watcher in the bank and an interim order was passed by the Arbitration court staying all the selection process. The Managing Committee, along with the Bank, filed W.P.(C) No.13990 of 2022 before this court, and an interim stay was obtained against the operation of the order passed by the Arbitration court in I.A. No.1 of 2022, staying the selection process. It was also made clear that the Bank is free to go with the selection process pursuant to the notification and conduct examination and interview, but the appointment shall be made only after obtaining further orders from this court. The examination and interview were conducted, and Ext.P5 minutes were drawn by which a rank list was brought
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into force.
directing the Arbitration court to take up the application preferred by the petitioner against the order in I.A. No.1 of 2022 in ARC No.15 of 2022, regarding the maintainability of the ARC and to dispose of the same within 6 weeks. The Arbitration Court took up the maintainability issue and an order was passed as Ext.P7 holding that the Arbitration case is maintainable. The petitioner, in the meanwhile, filed Ext.P8 complaint under Rule 176 of the Kerala Co-operative
Society Rules before the 1st respondent and the petitioner approached this court by filing W.P.(C) No.28216 of 2023. The order of the Arbitration court regarding the maintainability was also challenged by the bank before this court in W.P.(C) No.1064 of 2023. This court, by a common
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judgment dated 17.10.2023, disposed of both the Writ
Petitions quashing the ARC proceedings and directing the 1st respondent to take up the complaint filed by the petitioner herein and to pass appropriate orders after hearing him. It is pursuant to this direction that Ext.P10 notice was issued to
the petitioner to appear on 30.1.2024 at 3 p.m. for a hearing.
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opportunity to adduce evidence to substantiate the claim raised in Ext.P8 complaint. If the petitioner had been given an opportunity to adduce evidence, he could have proved
the allegations raised were true and correct. Therefore, he prays that Ext.P14 is to be quashed and seeks a direction to initiate a fresh selection process of vacant posts to be filled
up by the 2nd respondent.
Government Pleader.
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any evidence on that day. It is only to cause delay in the
selection process, that this Writ Petition is filed.
same was accepted by respondent Nos.2 to 4 and when the
case was posted, none appears for respondent Nos.2 to 4.
perusal of Ext.P14 shows that on going through the Minutes
and the decisions Nos.1554, 1555, 1556, and 1557, the 1st respondent is satisfied that the case put forward by the petitioner in Ext.P8 does not deserve merit and, therefore, it
is dismissed. In the same order, the 1st respondent has stated
that the petitioner has raised a contention that he has paid Rs.4 lakhs as bribe to the 4th respondent, but he has not produced any evidence to prove the same. It is a fact that while dismissing the petition filed by the petitioner, the 1st
respondent has also taken into consideration regarding the
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allegations raised against the 4th respondent regarding bribe and it was left open to be proceeded independently. But the fact remains that Ext.P14 is passed without any reason and it is very cryptic. The case of the petitioner that he was not given an opportunity to adduce evidence is not countered by the respondents by filing a counter affidavit or a statement. In such a situation, I am of the firm view that the petitioner was not given an opportunity to adduce any evidence to substantiate the allegations in Ext.P8.
Accordingly, this Writ Petition is disposed of, quashing Ext.P14 order dated 12.4.2024 issued by the 1st respondent, and the 1st respondent is directed to take up Ext.P8 and appropriate orders shall be passed, after affording an opportunity to adduce any evidence and hearing to the petitioner as well as respondent Nos.2 to 4. Orders shall be passed within a period of 3 months from the date of receipt
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of a copy of this judgment.
Till such time, all proceedings pursuant to Ext.P5
Minutes shall stand stayed.
Sd/BASANT BALAJI, JUDGE
dl/
WPC 16086/24
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APPENDIX OF WP(C) 16086/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPORT OF THE TWO MEMBER COMMITTEE APPOINTED BY KPCC DATED 25-09-2021Exhibit P2 THE TRUE COPY OF THE PLAINT AS WELL AS STAY PETITION ARC 15/2022 DATED 05/04/2022Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER DATED 05/04/2022 IN I.A. 1/2022 IN ARC 15/2022Exhibit P4 THE TRUE COPY OF THE INTERIM ORDER IN WPC 13990/2022 DATED 19/04/2022Exhibit P5 THE TRUE COPY OF THE MINUTES DATED 23/05/2022 OF THE 2ND RESPONDENT'S MANAGING COMMITTEEExhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 22/07/2022 IN WPC 13990/2022Exhibit P7 THE TRUE COPY OF THE ORDER DATED 08/12/2022 IN I.A. 2/2022 IN ARC 15/2022 OF CO-OPERATIVE ARBITRATION COURTExhibit P8 THE TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 1ST RESPONDENT DATED 17/08/2023Exhibit P9 THE TRUE COPY OF THE COMMON JUDGMENT DATED 17/10/2023 IN WP(C) 1064/2023 & WP(C) 28216 OF 2023Exhibit P10 THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 16/01/2024Exhibit P11 THE TRUE COPY OF THE ARGUMENT NOTE FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14/02/2024Exhibit P12 THE TRUE COPY OF THE ARGUMENT NOTE DATED 30/01/2024 FILED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENTExhibit P13 THE TRUE COPY OF THE POSTAL COVER SENT BY THE 1ST RESPONDENTWPC 16086/24
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Exhibit P14 THE TRUE COPY OF THE ORDER DATED 12/04/2024 PRONOUNCED BY THE 1ST RESPONDENT
Corrected
1 issue framed by the court
Whether Ext.P14 order rejecting the complaint was passed without giving the petitioner an opportunity to adduce evidence.
1 provisions across 1 enactments
M.S. Vimal Kumar
The Joint Registrar of Co-operative Societies (General)
Vellanad Service Co-operative Bank Ltd. No. 2379
The Board of Directors, Vellanad Service Co-operative Bank Ltd. No. 2379
The President, Vellanad Service Co-operative Bank Ltd. No. 2379
Assistant Registrar (General)
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court