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2016 Supreme(Ker) 341

P.V.ASHA
Kanjoor Service Co-operative Bank Ltd. – Appellant
Versus
Joint Registrar of Co-operative Societies (General) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.N. Mohanan, Sri. K.N. Ajayan
For the Respondents: Sri. Manzoor Ali, Sri. George Poonthottam

JUDGMENT :

The issue arising in this case is whether the Joint Registrar can, in exercise of his power under Rule 176 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as `the Rules' for short), interfere with the disciplinary action against an employee of a Co-operative Bank when there is a specific forum provided under Section 69 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as `the Act' for short).

2. The petitioner is a Co-operative Bank registered under the Act. The 2nd respondent was employed on contract basis as a collection agent since March, 1997. The case of the petitioner is that, on receipt of complaints against the 2nd respondent by the Managing Committee, an enquiry was conducted by the Sub Committee and based on Ext.P2 report of that Sub Committee, the 2nd respondent was removed from service on 2.5.2011 as per Ext.P5 order after issuing a memo Ext.P3 to which the 2nd respondent filed a reply Ext.P4. According to the petitioner, the procedure for removal provided under Rule 198 of the Rules is not applicable to casual/contract employees. The 2nd respondent filed a complaint before the Joint Registrar seeking his interven
































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