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2009 Supreme(Ker) 67

B.RADHAKRISHNAN
Indrasenan, Secretary (Under Suspension) Punukkannoor Desabhivardhini Service Co-operative Bank Ltd. – Appellant
Versus
Joint Registrar of Co-operative Societies (General) Kollam – Respondent


Advocates Appeared:
For the Petitioners: V. Bhaskaran Pillai, S. Leela, B. Vinod, V. Jisha Rani,
Advocates. For the Respondents:R1, I.V. Pramod, Govt. Pleader, R2, Anchal C. Vijayan, Advocate.

Judgment :

1. 1. Petitioners, while working in the service of the second respondent, were placed under suspension on 13.2006. Show cause notices with memos of charges were issued to them on 7.2006. Being dissatisfied with their replies, an enquiry was ordered and enquiry officer appointed.

2. 2. The elected committees then in office was superseded on 11.2007. An administrator was put in charge. Later, administrative committee took charge on 8.2.2007. Disciplinary proceedings were dragged on. But the fact remains that neither the then elected committee nor the successor administrator or the administrative committee applied for prior approval of the Registrar in terms of Rule 198 (6) of the Kerala Co-operative Societies Rules, 1969, hereinafter, the ‘Rules’ for short, to continue the petitioners under suspension for a period beyond six months.

.3. Matters stood so for quite a long time and the managing committee now in office assumed charge on 30.1.2008. The sub committee constituted by the managing committee now in office proceeded further on the basis of the enquiry report and issued show cause notices to the petitioners on its basis. The petitioners replied. The sub committee decid











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