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Abdul Khader, vs Vallappuzha Service Co-Operative Bank Ltd No. F1207,

Abdul Khader, vs Vallappuzha Service Co-Operative Bank Ltd No. F1207,

Type Court Judgment Court Kerala Decided Feb 01, 2024
~3 min read
https://sooperkanoon.com/case/1311676

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/37918/2023

Parties & Advocates

Appellant / Petitioner

Abdul Khader,

Respondent

Vallappuzha Service Co-Operative Bank Ltd No. F1207,

Excerpt

.....notice issued to the petitioner proposing to impose punishment. heard counsel on either side. it is submitted that the petitioner has filed a reply to the show cause notice. the counsel for the respondent also submits that, taking into consideration the reply to the show cause notice, now an order has been passed on 27.01.2024 removing the petitioner from service. in such circumstances, it is for the petitioner to challenge the order of dismissal if he wishes. therefore, the writ petition is closed with liberty to the petitioner to challenge the order of dismissal independently. sd/- basant balaji, judge ss appendix of wp(c) 37918/2023 petitioner exhibits: exhibit p1 the true copy of the order issued by the joint registrar of co-operative societies dated 13.02.2023 exhibit p2 the true copy of the complaint filed by sri.n.gopakumar before the 4th respondent dated 09.12.2022 exhibit p3 the true copy of the report of the 2nd respondent dated 12.12.2022 exhibit p4 the true copy of the show cause notice issued by the respondent bank dated 14.12.2022 exhibit p5 the true copy of the reply submitted by the petitioner before the 4th respondent dated 17.12.2022 exhibit p6 the true copy of the decision no.35 of the 1st respondent bank dated 18.01.2023 exhibit p7 the true copy of the communication issued by the 4th respondent dated 23.01.2023 exhibit p8 the true copy of the communication issued by the 5th respondent dated 26.06.2023 exhibit p9 the true copy of the reply submitted by the petitioner dated 20.07.2023 exhibit p10 the true copy of the communication issued by the 2nd respondent dated 26.08.2023 exhibit p11 the true copy of the decision of the director board of the bank dated 08.09.2023 exhibit p12 the true copy of the communication issued by the 5th respondent dated 11.09.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 W.P.(C) NO.37918 OF 2023 PETITIONER: ABDUL KHADER, AGED 50 YEARS, S/O.KUNHIMOIDU, PAPPANKATTIL HOUSE, CHERUKODE P.O., VALLAPPUZHA, PALAKKAD DISTRICT, PIN - 679 336. C.M.MOHAMMED IQUABAL ISTINAF ABDULLAH, KEERTHI JAYAKUMAR MUHAMMED AMEEN, P.ABDUL NISHAD RAIHANATH T.H. RESPONDENTS:

1 VALLAPPUZHA SERVICE CO-OPERATIVE BANK LTD NO.F1207, NELLAYA P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 679 335. 2 THE SECRETARY, 3 THE BOARD OF DIRECTORS/MANAGING COMMITTEE, P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS PRESIDENT, PIN - 679 335. 4 THE PRESIDENT, 5 THE CHAIRMAN, DISCIPLINARY SUB COMMITTEE, VALLAPPUZHA SERVICE CO-OPERATIVE BANK LTD NO.F1207, NELLAYA P.O., PALAKKAD DISTRICT, PIN - 679 335. P.N.MOHANAN C.P.SABARI(K/973/2010) AMRUTHA SURESH(K/000971/2016) GILROY ROZARIO(K/399/2021)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

(Dated: 1st February, 2024) The petitioner was appointed as a peon in the 1st respondent bank on 15.11.1995, and by promotion, he is now working as an accountant. An enquiry was started regarding a complaint filed by a third party that his account details were published without their consent and knowledge. A show cause notice was issued to the petitioner, and he was thereafter suspended. On 15.01.2024, this court passed an order directing the petitioner to file a reply to the show cause notice issued to the petitioner proposing to impose punishment. Heard counsel on either side. It is submitted that the petitioner has filed a reply to the show cause notice. The counsel for the respondent also submits that, taking into consideration the reply to the show cause notice, now an order has been passed on 27.01.2024 removing the petitioner from service. In such circumstances, it is for the petitioner to challenge the order of dismissal if he wishes. Therefore, the writ petition is closed with liberty to the petitioner to challenge the order of dismissal independently. Sd/- BASANT BALAJI, JUDGE ss APPENDIX OF WP(C) 37918/2023 PETITIONER EXHIBITS: Exhibit P1 THE TRUE COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 13.02.2023 Exhibit P2 THE TRUE COPY OF THE COMPLAINT FILED BY SRI.N.GOPAKUMAR BEFORE THE 4TH RESPONDENT DATED 09.12.2022 Exhibit P3 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 12.12.2022 Exhibit P4 THE TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE RESPONDENT BANK DATED 14.12.2022 Exhibit P5 THE TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 17.12.2022 Exhibit P6 THE TRUE COPY OF THE DECISION NO.35 OF THE 1ST RESPONDENT BANK DATED 18.01.2023 Exhibit P7 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 23.01.2023 Exhibit P8 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT DATED 26.06.2023 Exhibit P9 THE TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 20.07.2023 Exhibit P10 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 26.08.2023 Exhibit P11 THE TRUE COPY OF THE DECISION OF THE DIRECTOR BOARD OF THE BANK DATED 08.09.2023 Exhibit P12 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT DATED 11.09.2023

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Same Court & Year Kerala · 2024 Same Parties Abdul Khader, vs Vallappuzha Service Co-Operative Bank Ltd No... Same Judge Honourable Mr.Justice Basant Balaji

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