Kerala High Court
K.G.Chandrasekharan vs Joint Registrar Of Co-Op. Societies ... on 20 June, 2014
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
WP(C).No. 17119 of 2018
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PETITIONER :
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K.G.CHANDRASEKHARAN
RETIRED JOINT DIRECTOR OF CO-OPERATIVE AUDIT,
CO-OPERATIVE DEPARTMENT, RESIDING AT KOLLAMPARAMBIL
VEEDU, ADIKOLLI, AMARAVATHY P.O.,
PULPALLY, WAYANAD.
BY ADV.SRI.D.SOMASUNDARAM
RESPONDENTS :
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1. JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL)
WAYANAD-673592.
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
SULTHAN BATHERY-673595.
3. SULTHAN BATHERI PRIMARY CO-OPERATIVE AGRICULTURAL &
RURAL DEVELOPMENT BANK LTD.,
SULTHAN BATHERY, WAYANAD DISTRICT,
REPRESENTED BY ITS SECRETARY-673595.
4. K. SREEVIDYA,
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
SULTHAN BATHERY (ENQUIRY OFFICER)-673595.
R1 & R2 BY SENIOR GOVERNMENT PLEADERSRI.K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-07-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
9/7/2018
WP(C).No. 17119 of 2018 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE ORDER NO.CRB NO.3504/2012 DATED
20-6-2014
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 29-5-2015 IN
WRIT PETITION NO.14897/2015 OF THIS HONOURABLE
COURT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 16-09-2017 IN
R.P.NO.699/2016(J) IN W.P.(C)NO.14897/2015 OF THIS
HONOURABLE COURT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16-3-2018 IN
W.P.(C)NO.49/2016.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 22-3-2018 IN
W.A.NO.2686 OF 2017 IN R.P.NO.699/2016.
EXHIBIT P6 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED TO
THE JOINT REGISTRAR.
EXHIBIT P7 TRUE COPY OF INQUIRY REPORT UNDER SECTION 68(1)
OF THE KERALA CO-OPERATIVE SOCIETIES ACT
SUBMITTED TO THE FIRST RESPONDENT.
EXHIBIT P8 TRUE COPY OF INTERIM ORDER DATED 26-3-2018 IN
W.P.(C)NO.10448/2018.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 12-3-2018
SUBMITTED BY THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 19-3-2018 BY THE
2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P11 TRUE COPY OF NOTICE DATED 30-4-2018 ISSUED BY THE
FIRST RESPONDENT UNDER SECTION 68(2) OF THE ACT.
EXHIBIT P12 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE
PETITIONER BEFORE THE JOINT REGISTRAR (GENERAL).
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
bp
9/7/2018
ANIL K.NARENDRAN, J.
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W.P.(C) No. 17119 of 2018
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Dated this the 5th day of July, 2018
JUDGMENT
The petitioner, who retired from service while working as Joint Director of Co-operative Audit in the Co-operative Department and had also worked as Joint Registrar of Co- operative Societies, Wayanad, has filed this writ petition under Article 226 of the Constitution of India for a writ of certiorari to quash Exhibit-P6 enquiry report submitted to the 1 st respondent Joint Registrar of Co-operative Societies under Section 65 of the Kerala Co-operative Societies Act and Exhibit-P7 enquiry report under Section 68(1) of the said Act submitted by the 2nd respondent Assistant Registrar of Co- operative Societies and seeking a writ of mandamus commanding respondents 1 and 2 to refrain from proceeding with the surcharge proceedings against the petitioner, evidenced by Exhibits-P7 and P11. The petitioner has also sought for other consequential reliefs.
2. On 28.05.2018, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions in the matter. By order dated 28.05.2018, W.P.(C) No.17119 of 2018 2 further proceedings pursuant to Exhibit-P11 notice dated 13.04.2018 issued by the 1st respondent under Section 68(2) of the Act was directed to be kept in abeyance till then. The said interim order was extended for a further period of one month on 06.06.2018.
3. Today, when the case is taken up for further consideration, an adoption memo has been filed by the learned Government Pleader to adopt the counter affidavit in W.P.(C) No.15398 of 2018 as the counter affidavit in this writ petition.
4. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 and 2 as also the learned counsel for the 3 rd respondent Co- operative Bank.
5. During the course of argument, the learned counsel for the petitioner would submit that the enquiry conducted under Section 68 of the Kerala Co-operative Societies Act culminated in the order of surcharge dated 10.05.2018 issued by the 1st respondent Joint Registrar, under Section 68(2) of the said Act. As per the said order, the petitioner stands exonerated.
6. The learned Senior Government Pleader would also W.P.(C) No.17119 of 2018 3 submit that the petitioner stands exonerated as per the order of surcharge dated 10.05.2018 issued by the 1st respondent.
In such circumstances, this writ petition is closed recording the aforesaid submission made by the learned Senior Government Pleader.
Sd/-
ANIL K.NARENDRAN, JUDGE DSV/5/7/18