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2022 Supreme(Ker) 82

RAJA VIJAYARAGHAVAN V.
Krishna Kumar K. R – Appellant
Versus
Brahmamangalam Gramaswaraj Service Co-Operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B.S.Swathi Kumar, Anitha Ravindran, Harisankar N Unni, Sarangadharan P., Remya Murali, Advs.
For the Respondent: A. Amrutha Vidyadharan, Elizabeth Alexander Kurian, Sri. Arun Ajay Shankar, Government Pleader, Advs.

JUDGMENT :

The petitioner has approached this Court seeking a declaration that Exhibit P3 order of suspension issued by the Managing Committee of the 1st respondent Bank is illegal and arbitrary and violative of the specific directions issued by this Court in Exhibit P1 judgment. The petitioner has also sought for reinstating him in service and to permit him to continue in service as Senior Clerk by treating that he is in service from the date of completion of the earlier enquiry.

2. Brief facts are as under :

The records reveal that the petitioner was employed as a Senior Clerk in the 1st respondent Bank. On 28.03.2019, he was placed under suspension by the Secretary of the Bank, pursuant to a decision of the Managing Committee. The specific allegation is that the petitioner while working as Cashier-in-Charge and one Mrs. Sini. V.D, while working as Manager-in-charge of the Kattikunnu Branch of the 1st respondent Society, were joint custodians of cash and records maintained in the Bank. On 27.03.2019, an inspection was carried out by the Unit Inspector, Vadayar and a shortage amounting to Rs. 17,78,498/- was detected. It is also found that the books and records of the branch were tam

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