Kerala High Court
P Unnikrishnan vs Kerala State Financial Enterprises Ltd on 27 September, 2018
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY ,THE 27TH DAY OF SEPTEMBER 2018 / 5TH ASWINA, 1940
WP(C).No. 13993 of 2013
PETITIONER/S:
P UNNIKRISHNAN
"VAISAKH", MAPRANAM, PO MADAIKKONAM, THRISSUR-680712.
BY ADV. SRI.P.CHANDRASEKHAR
RESPONDENT/S:
1 KERALA STATE FINANCIAL ENTERPRISES LTD
REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE
OFFICE, "BHADRATHA", THRISSUR-680020.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN 695001.
3 THE BRANCH MANAGER
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
NAKKARA COMPLEX, OPP.TOWN HALL, IRINJALAKUDA 6820121,
THRISSUR DISTRICT.
4 THE KERALA STATE FINANCIAL ENTERPRISES STAFF CO-
OPERATIVE SOCIETY LTD.
T777, SILVER JUBILEE BUILDING, STATUE,
THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
HONORARY SECRETARY.
BY ADVS.
SRI.P.V.LONACHAN,SC,KSFE LTD.
SRI.JIMMY GEORGE THADATHIL SC KSFE
SRI.VASUDEVAN T.M. SC KSFE LTD.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.09.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 13993 of 2013
2
J U D G M E N T
Petitioner who is a Senior Manager in the KSFE, has filed this writ petition challenging the orders Exts.P4 to P6 by which all his financial transactions with the 3 rd respondent were kept frozen. He is seeking a direction to the respondents to release the fixed deposit/interest on fixed deposit in his name and also the amount in his Sugama Account.
2. Petitioner was one of the members of the Managing Committee of the Kerala State Financial Enterprises Staff Co-operative Society Limited during the period from 2002 to 2007. Petitioner retired from service while working as a Senior Manager. On the basis of a complaint lodged by the successor office bears of the 4 th respondent Society alleging misappropriation of funds, the Assistant WP(C).No. 13993 of 2013 3 Registrar of the Co-operative Societies had submitted Ext.P2 report on the allegations. Petitioner claims that there is nothing against him in Ext.P2 report and no liability was found against him and no surcharge was levied on him. However, as per Ext.P4 Circular, the first respondent on the basis of the direction from the second respondent- Registrar of the Co-operative Society, directed to stop all transactions with respect to the former office bears including the petitioner. Petitioner submits that his entire service benefits were deposited in the form of fixed deposit with the 3 rd respondent and on account of Ext.P4 circular, he was not in a position to enjoy the benefit of his entire earnings. Pursuant to Ext.P4, the 3 rd respondent issued Ext.P5 letter, informing the petitioner the fixed deposit amount in his name will not be permitted to be withdrawn. By Ext.P5 WP(C).No. 13993 of 2013 4 letter, he was informed that the amount lying in Sugama account as well as fixed deposit amount will not be allowed to be withdrawn. As per Ext.P6 letter dated 14.05.2013, the 3 rd respondent informed the petitioner that the liability certificate in respect of the retired members of the then Managing Committee, who retired from 17.04.2004 to 10.01.2013 would not also be released. Petitioner filed this writ petition under the above circumstances.
3. Shri.T.M.Vasudevan, the learned Standing Counsel for the 3rd respondent, on instructions, submitted that the 3rd respondent does not have any objection for releasing the fixed deposit amount or the amount in Sugma account to the petitioner and that the writ petition can be allowed.
4. There is no representation for any of the other respondents.
WP(C).No. 13993 of 20135
In the above circumstances, I record the submission of the learned Standing Counsel for the 3rd respondent. Accordingly the writ petition is allowed, directing the 3rd respondent to release the amount due to petitioner in the fixed deposits and in his Sugama account along with interest in accordance with law.
Sd/-
P.V.ASHA, JUDGE.
AS WP(C).No. 13993 of 2013 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF COMPLAINT DATED 9.4.2013 OF THE 4TH TO THE ADDITIONAL DIRECTOR GENERAL OF POLICE, SOUTH ZONE, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF REPORT DATED 16.4.2013 OF THE SRI.T.JAYAKUMAR, SENIOR INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF PHOTO COPIES OF THE FIXED DEPOSIT RECEIPTS IN THE NAME OF THE PETITIONER ISSUED BY 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF CIRCULAR NO.26(A)/2013 (P&HR) DATED 8.5.2013 OF THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF LETTER NO.039/1039 DATED 13.5.2013 OF THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF LETTER NO.4414 DATED 14.5.2013 THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P7 TRUE COPY OF DEMI OFFICIAL LETTER NO.16207/13 DATED 30.4.2013 OF THE 2ND RESPONDENT TO 1ST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE REPORT DATED 27.4.2016 (I.A.NO.5331/2017) EXHIBIT P7 A TRUE COPY OF JUDGMENT DATED 20.9.2017 IN WPC.22131/2017 AND CONNECTED CASES OF THIS HON'BLE COURT WP(C).No. 13993 of 2013 7 (I.A.NO.17819/2017) EXHIBIT P8 A TRUE COPY OF THE LETTER NO.4155/MISC. DATED 30.6.2016 (I.A.NO.5331/2017) EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 21.7.2014 (I.A.NO.1305/2018) EXHIBIT P9 A TRUE COPY OF THE CIRCULAR NO.41/2014 (P AND HR) DATED 5.8.2014 EXHIBIT P10 A TRUE COPY OF THE CIRCULAR NO.67/2017 (P AND HR) DATED 15.11.2017 EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 1.12.2017 TO THE 1ST RESPONDENT EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 11.4.2018 OF THE BRANCH MANAGER, KSFE LTD., CHEMBUKAVU BRANCH EXHIBIT P13 A TRUE COPY OF THE LETTER DATED 31.1.2018 OF THE BRANCH MANAGER, KSFE LTD., CHEMBUKAVU BRANCH EXHIBIT P14 A TRUE COPY OF THE LETTER DATED 20.4.2015 TO THE BRANCH MANAGER, KSFE LTD., CHEMBUKAVU BRANCH RESPONDENT'S EXHIBITS : NIL