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2020 Supreme(Ker) 881

C.T RAVIKUMAR, M.R ANITHA
Kochurani Jose – Appellant
Versus
Joint Registrar Of Co-Operative Societies (General) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.Deepak
For the Respondent: G.P. Sri. Renil Anto Kandamkulathy

JUDGMENT :

Ravikumar, J.

The appellant who is the unsuccessful petitioner in W.P. (C) No.13381 of 2020 calls in question the judgment passed thereon. The writ petition was filed seeking the following prayers:-

    “i. Issue a writ in the nature of prohibition or such other order or direction interdicting the 3rd respondent administrative committee from proceeding with the enquiry proceedings initiated under Exhibit P6 charge memo.

(ii). Declare that Rule 198 of Kerala Co-operative Societies Rules, 1969 as amended by SRO No: 829/10 with effect from 18/08/2010 does not empower the administrator/ administrative committee appointed under Section 32/33 of the Kerala Co-Operative Societies Act, 1969 to enquire into by themselves or engage the services of an external agency to enquire into the charges against an employee of the cooperative society.

(iii). Issue a writ declaring that the Administrator or the Administrative Committee has no power to conduct the enquiry without following the statutory mandate under Rule 198(2A) of the Kerala Co-operative Societies Rules and actions taken otherwise are illegal and without authority.”

2. We ween that a succinct narration of facts is inevitable for the

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