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2022 Supreme(Ker) 956

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
MATHEW JOSEPH S/O JOSEPH – Appellant
Versus
REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent


Advocates:
Advocate Appeared:
For the Appellants : NISHA GEORGE, A.L. NAVANEETH KRISHNAN.
For the Respondents: M. SASINDRAN, BIJOY CHANDRAN.

JUDGMENT :

1. The above appeals are directed against the judgment of the learned Single Judge in W.P. (C) No. 22728 of 2021 dated 26-08-2022.

2. The facts leading to the above appeals are as follows:

    The writ petitioner, the Secretary of the 3rd respondent Society applied for leave without allowance from 12-08-2009 to 11-08-2014. Though the writ petitioner had to rejoin duty by 12-08-2014, he could not join as he was unwell and bedridden and sought some more time to rejoin duty which the writ petitioner alleges was granted by the President of the Society. However, the Society issued Ext.P2 show cause notice and Ext.P4 charge-memo dated 12-09-2014 and 18-10-2014 respectively. The 2nd respondent, set aside Ext.P4 and all other proceedings. By Ext.P8, the writ petitioner was suspended with effect from 13-04-2015 and Ext.P9, a second charge-memo was issued to the writ petitioner, which after an enquiry, culminated in Ext.P12 order of dismissal. The appeal filed against the dismissal was rejected by the Managing Committee which in turn was challenged before the Co-operative Arbitration Court whereupon by Ext.P14 order, set aside the charge sheet and all disciplinary proceedings against him

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