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2022 Supreme(Ker) 703

DEVAN RAMACHANDRAN
Krishna Kumar – Appellant
Versus
Brahmamangalam Gramaswaraj Service Co-Operative Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioners: B.S. SWATHI KUMAR, ANITHA RAVINDRAN, HARISANKAR N. UNNI, N.S. SHAMILA, NAVVYA UNNI.
For the Respondent: PARVATHY K.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioner, while working as a Cashier in the services of the 1st respondent-Society, was placed under suspension on 07.07.2021 and period of the same was extended by it until 07.07.2022, as is permissible under Rule 198(6) of the Kerala Cooperative Societies Rules (hereinafter referred to as ‘KCS Rules for short). However, admittedly, the Society did not receive any sanction from the competent Joint Registrar of Co-operative Societies, granting permission to extend the period of suspension and they, consequently, did not issue any further orders to the petitioner after 06.07.2022.

2. While so, it transpires that the Society had approached the Joint Registrar for extension of the period of suspension of the petitioner through their letter dated 30.05.2022, which was considered by the said Authority only much later, culminating in Ext.P2 order dated 11.08.2022.

3. The petitioner challenges Ext.P2 on the ground that the said order is impermissible, since it allows continuation of his suspension from 07.07.2022 on a retrospective basis; and therefore, rendering it liable to be set aside.

4. I have heard Sri. B.S. Swathi Kumar - learned counsel for t

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