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2017 Supreme(Ker) 1078

SHAJI P.CHALY
T. Krishnan – Appellant
Versus
Joint Registrar of Co-Operative Societies (General), Kasaragod – Respondent


Advocates Appeared:
For the Petitioner: Sri. Pushparajan Kodoth, Sri. K. Jayesh Mohankumar, Smt. Vandana, Menon Advs.
For the Respondent: Sri. Mable C.Kurian, Government Pleader, Sri. P.C. Sasidharan, Adv.

JUDGMENT :

This writ petition is filed by the petitioner, who is a member of the 3rd respondent society seeking to quash Ext.P6 order passed by the 1st respondent dated 14.6.2017rescinding Ext.P4 order passed by the Disciplinary Subcommittee constituted by the 3rd respondent bank and dismissing the 4th respondent from the services of the bank and for other related reliefs. Material facts for the disposal of the writ petition are as follows;

2. Petitioner is an A class member of the 3rd respondent bank. Fourth respondent was dismissed from service by the sub committee after conducting a detailed enquiry, as per Ext.P4 order. The 4th respondent instead of filing an appeal against Ext.P4 order as is provided under rule 198(4) of the Kerala Co-operative Societies Rules, 1969, hereinafter called “the Rules”, filed a petition before the 1st respondent under rule 176 for rescinding Ext.P4 order. According to the petitioner, as per the settled position of law, 1st respondent has no power to entertain any petition seeking to invoke rule 176 to rescind the resolution, especially when power is conferred under section 69 (2) (d) of the Kerala Co-operative Societies operative Societies Act enabli
























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