THE MANAGING COMMITTEE, THE KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK LTD.NO.1995, PALA, KOTTAYAM DISTRICT REPRESENTED BY ITS PRESIDENT. vs MINI MATHEW, PAZHE THUDIPPARA HOUSE,BHARANANGANAM P.O. KOTTAYAM

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 9503

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SUSHRUT ARVIND DHARMADHIKARI, MR. P. V. BALAKRISHNAN, JJ
THE MANAGING COMMITTEE, THE KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK LTD.NO.1995, PALA, KOTTAYAM DISTRICT REPRESENTED BY ITS PRESIDENT. – Appellant
Versus
MINI MATHEW, PAZHE THUDIPPARA HOUSE,BHARANANGANAM P.O. KOTTAYAM – Respondent

Advocates:
For the Appellants/Petitioners: SHRI.P.C.SASIDHARAN
For the Respondents: SRI.SHAJI THOMAS, SRI.MOHAN PULIKKAL, SRI.JEN JAISON, SRI.P.B.SAHASRANAMAN, ADV.SUNIL KUMAR KURIAKOSE (GP)

Table of Content
1. petition filed for recovery of gratuity and leave benefits post disciplinary action. (Para 2 , 3)
2. single judge allowed the writ petition favoring the respondent. (Para 4)
3. arguments presented regarding procedural fairness and statutory rights. (Para 5 , 6 , 7)
4. court's directive for remand for fresh consideration and filing of counter affidavit. (Para 8)

JUDGMENT

P.V.BALAKRISHNAN,JThis intra-court appeal is filed by respondents 2 and 3 in W.P. (C)No.21930 of 2022, challenging the judgment dated 19.08.2022, passed by the learned Single Judge, allowing the writ petition. 2. The 1strespondent herein/writ petitioner joined the services of the appellants as junior clerk on 01.03.1989 and retired from service on 30.4.2022, after rendering 32 years of service. While in service, the 1strespondent faced disciplinary proceedings along with one Sheeja.C.Nair for supervisory lapses, which gave an opportunity to one Mariamma Sebastian, to siphon off Rs.50,60,000/-. The enquiry officer found the 1strespondent guilty and consequently, the disciplinary authority imposed a penalty cutting of four annual increments and ordering recovery of half of the loss caused to the bank.

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