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2025 Supreme(Online)(Ker) 56934

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
TONY JACOB – Appellant
Versus
MUNDAKAYAM AIDED SCHOOL EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO. K-374 – Respondent


Advocates:
For the Appellants/Petitioners: P.V.BABY, VINEETH P.BABY, SHAJI THOMAS, MOHAN PULIKKAL, JEN JAISON, THOMASKUTTY SEBASTIAN
For the Respondents: P.V.BABY

JUDGMENT

These writ petitions are filed by both the appellant and the respondent before the Co-operative Tribunal, challenging the Tribunal's order. Parties are hereinafter referred to by their status as per WPC No. 5330 of 2024. The short facts required for the disposal of these writ petitions are as follows.

2. The petitioner in WP(C) No.5330 of 2024 was working as the Secretary of the 1st respondent from 11.08.1997 onwards. On 10.02.2016, he was issued a show cause notice alleging misconduct. Finding that the reply filed by the petitioner was unsatisfactory, he was suspended by the President of the Society on 18.02.2016. The petitioner has a case that the President does not have the authority to suspend, and there was no ratification of the suspension by the Board of Directors. A Disciplinary Sub Committee was constituted with the Vice President of the Society as the Convenor. On 08.03.2016, the Convenor of the Sub Committee issued a charge memo to the petitioner, and an Enquiry Officer was also appointed. The charge memo was not accompanied by the statement of allegations. It is also the case of the petitioner that neither a witness list nor a document list was submitted, and no

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