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2012 Supreme(Ker) 512

P.N.RAVINDRAN
Cheranallur Service Co-Operative Bank Ltd. – Appellant
Versus
State of Kerala, represented by the Secretary to Government, Department of Co-operation – Respondent


Advocates Appeared:
For the Petitioner:N.K. Subramanian, S. Ananthakrishnan, Advocates.
For the Respondent: D. Soamsundram, Spl. Government Pleader.

JUDGMENT

1. The petitioner, a co-operative society registered under the Kerala Co-operative Societies Act, 1969, has filed this writ petition challenging Ext.P2 order passed by the Co-operative Arbitration Court constituted under section 70A of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as "the Act" for short), over ruling the preliminary objection raised by the petitioner society to the maintainability of an Arbitration Case instituted by the fifth respondent and Ext.P1 order passed by the Kerala Co-operative Tribunal on appeal filed by the petitioner society, upholding Ext.P2. The brief facts of the case are as follows:

2. The fifth respondent herein, who entered service as Junior Clerk in the petitioner society on 18.10.1979, was appointed Secretary of the petitioner society with effect from 21.10.1995. He was placed under suspension on 12.6.2007 pending disciplinary action. Months later, a memo of charges dated 23.2.2008 was served on him. On 1.11.2008, the fifth respondent submitted a written statement of defence denying and disputing the allegations levelled against him. A domestic enquiry was held and the enquiry officer submitted a report dated 30.3

























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