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2023 Supreme(Ker) 371

SATHISH NINAN
Dhanya R. C W/o Saju V. R. – Appellant
Versus
Board of Directors of the Ittiva Agricultural Improvement Co-Operative Society Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P.N. Mohanan, C.P. Sabari, Amrutha Suresh, Gilroy Rozario.
For the Respondents: T.R. Harikumar, Arjun Raghavan.

JUDGMENT :

SATHISH NINAN, J.

1. Petitioner is an employee of the respondent Society. Disciplinary proceedings initiated against her by the Society was withdrawn without prejudice to the right to proceed afresh. The said course was adopted in the light of the judgment of a Division Bench of this Court in Kodanchery SCB vs. Joshy Varghese, 2020 (4) KLT 129 which held that memo of charges could not be issued by the disciplinary sub committee. The writ petition is filed seeking the following reliefs:

    “(i) Issue a writ of mandamus or any other appropriate writ order or direction directing the first and second respondents to reinstate the petitioner in service forthwith and to grant salary and all other benefits from 11.07.2022.

(ii) Declare that petitioner is entitled to be reinstated in service and to grant monitory benefits from 11.07.2022 as the memo of charges are withdrawn.”

2. Heard learned counsel Sri. C.P. Sabari, on behalf of the petitioner and Sri. Arjun Raghavan, learned counsel for the respondents.

3. Relying on the judgment in Mathew Joseph vs. Registrar of Co-operative Societies, ILR 2022 (4) Ker. 555, the learned counsel for the petitioner would contend that, a suspension order

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