The case involves multiple writ appeals referred to a Full Bench for reconsideration of the authority to issue memos of charges under Rule 198 of the Kerala Co-operative Societies Rules in disciplinary proceedings against employees of co-operative societies. [judgement_subject] (!) (!) [1][2][3]

The Full Bench was constituted following a Division Bench order dated 12.4.2023 doubting the correctness of an earlier view that Rule 198(2B) does not empower the disciplinary sub-committee to frame memos of charges, holding such power exclusively with the appointing authority (managing committee). (!) (!) [1]

Facts in W.A. No. 934/2022: Co-operative Arbitration Court set aside disciplinary action relying on prior ruling, holding disciplinary sub-committee lacked authority to issue memo of charges; writ petition dismissed, leading to appeal. (!)

Rule 198 governs disciplinary actions; pre-2010 amendment allowed managing committee to both initiate and finalize actions, challenged for negating appeal rights under Rule 198(4). (!) (!) (!) (!) (!) (!)

Post-2010 amendment inserted sub-rules (2A) and (2B): Committee must constitute disciplinary sub-committee (not including President) to inquire into charges, either itself or via external agency. (!) (!) (!)

Table under Rule 198(3) designates authorities for penalties: For higher-rank employees (Secretary/Manager and above), President/Chairman for minor penalties (a)-(c), sub-committee/executive committee for major penalties (d)-(h); for other employees, Secretary/Manager for minor, President for major. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

Appellate authorities under Rule 198(4): Executive Committee/Board for higher-rank employees' minor penalties, President/Board for others. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

Managing committee (appointing authority under Rule 182(2)) cannot impose penalties as it is appellate authority under Rule 198(4), to preserve appeal rights; penalties by designated authorities in Rule 198(3). (!) (!) [59][60][61][62][63]

"Charges" broader than "memo of charges/charge sheet": "Charges" means allegations of acts/omissions; "memo of charges" is formal document specifying allegations for defense. (!)

No explicit provision in Rule 198 mandates appointing authority alone to issue memos of charges; silence allows other competent authorities, including superiors or controlling authorities. (!) [84]

Disciplinary sub-committee (under Rule 198(2A)/(2B)) same as sub-committee in Rule 198(3); empowered to inquire into charges and, as penalty authority for certain cases, to frame/issue memos of charges as first step in inquiry process. (!) (!) (!) [62