C.S. Rajan, J.

Petitioners are the President and the Secretary of the Co-operative,. Society. The second respondent was the Branch Manager of the Co-operative Bank. A punishment of dismissal from service was imposed on the second respondent by the Sub Committee constituted to take disciplinary action. This was by Ext. P-1. The second respondent filed an appeal before the Director Board of the Society. By Ext. P-2 the appeal was dismissed. Against Exts. P-1 and P-2 the second respondent filed Ext. P-3 petition before the first respondent under R.176 of the Kerala Co-operative Societies Rules (hereinafter referred to as 'the rules'). In Ext. P-3, apart from disputing the correctness of the factual findings of the disciplinary authority, the following contention has been taken:

"The proceedings of the Appellate Authority is illegal and it lies no sanctity of law. The Members of the Disciplinary Committee who passed the Resolution dismissing the petitioner from service has also participated in the hearing of the appeal and passing the order in the appeal. The illegally constituted appellate authority failed to consider the petitioner's memorandum of appeal on merit and delibe