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2005 Supreme(Online)(Ker) 3

KERALA HIGH COURT
*Kurian Joseph, J.
Godwin v. Kollam District Cooperative Bank Ltd.


1 Can a Government servant resist recovery from his salary made at the request of a Cooperative Society on the ground that he is not a member of the Society?

2 Petitioner presently working as a Village Extension Officer is aggrieved by the steps initiated by the third respondent, for recovering certain amounts from his salary as per requisition made by the second respondent. The requisition is made under S.37 of the Kerala Cooperative Societies Act. The contention is that the recovery under S.37 can be made only from a member of the Society. The petitioner is not a member of the first respondent Society. Therefore, it is submitted that he cannot be proceeded against under S.37. Sri. P.B. Suresh Kumar, learned counsel appearing for the first respondent submits that the said question need not be considered in this case since the petitioner being a Government Servant is governed by Art.89(3) of the Financial Code.

3 Art.89(3) of the Financial Code, to the extent relevant reads as follows:--
Deduction of amounts due to Cooperative Societies.-- Where the Acts under which Cooperative Societies are registered impose a statutory obligation on Government to make recoveries from the salary of G










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