Dama Seshadri Naidu, J.

Introduction:

1. The petitioner in W.P. (C) No.17905/2005 is a Co-operative Bank, whereas the 3rd respondent was its Manager, apart from being petitioner in W.P. (C) No.18843/2009. In fact, the 3rd respondent filed the second writ petition assailing the orders passed by the petitioner Bank pending the writ petition filed by itself : W.P. (C) No. 17905/2005.

2. Both the writ petitions essentially deal with the same issue; that is, the validity of disciplinary proceedings and the decision arrived at by the petitioner Bank in relation to the 3rd respondent. As such, this Court has deemed it appropriate to consider and dispose of both the writ petitions through a common judgment. For ease of reference and convenience, the facts as have been pleaded and the parties as arrayed in W.P. (C) No. 17905/2005 are taken as the basis for narrative purpose.

3. To begin with, before adverting to the facts of the matter, to put the issues in both the writ petitions in perspective, it is to be observed that in these two writ petitions the Court is called upon to decide the following issues:

(i) Whether the Appellate forum under Section 83 (1) (j) of the Kerala Co-o