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2025 Supreme(Online)(KER) 3221

HIGH COURT OF KERALA
VIJU ABRAHAM, J
K.S.SUDEVAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
B.ASHOK SHENOY, P.S.GIREESH, K.P.MEHABOOB SHERIFF, ARJUN R NAIK

JUDGMENT

The above writ petition is filed seeking to quash Exts.P23 and P25 and for a consequential direction to respondents 4 and 5 to pay back wages and consequential service benefits as sought for by the petitioner in Ext.P21.

2. It is averred that the petitioner while working as the Secretary of the 4th respondent society, was dismissed from service as per resolution dated 17.10.1994 on the allegation of misappropriation of funds and destruction of records. The petitioner submits that the said allegations are all cooked up against him by the members of the managing committee. Even though a crime was registered, he was acquitted by the trial court, which was confirmed by the Sessions Court in revision. As the resolution terminating the petitioner's service was totally unsustainable, the said resolution was rescinded by the 2nd respondent as per Ext.P1 invoking his powers under Rule 176 of the Kerala Co-operative Societies Rules. But the 4th respondent instead of implementing the order of reinstatement decided to take disciplinary action based on the report of the enquiry Officer and to pay subsistence allowance to the petitioner as per Ext.P2 resolution. But no action was followed

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