KUTTIPURAM SERVICE CO OP BANK Vs. STATE OF KERALA
HIGH COURT OF KERALA
KUTTIPURAM SERVICE CO-OP. BANK
STATE OF KERALA
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(1.) The petitioner is a Cooperative Bank. It granted exemption from the prescribed qualifications to two employees working as Peons for promotion to the post of Junior Clerk. The resolution taken in this regard was forwarded to the 3rd respondent for approval. That was rejected by Ext. P1 order. The matter was carried in appeal and the Government, by Ext. P2 order, dismissed the appeal. The order of the Joint Registrar was upheld by the Government, relying on Ext. P3 G.O. It is an order issued on 23.3.1989, prescribing the conditions, subject to which exemption from the prescribed qualifications to the employees of Cooperative Societies under R.185 of the Rules will be granted. Based on Ext. P2 decision of the Government in appeal, the Joint Registrar issued Ext. P6 order dated 12.11.1997, directing the Bank to revert those two employees within two weeks. In the said order, there was also a direction to show cause, why action should not be taken against the Bank for suppressing the fact that those two employees were already promoted regularly.
(2.) Exts.P1 to P3 and P6 are challenged in this Original Petition. According to the petitioner, R.185(2) empowers the Bank to decide on the question of exemption from qualification. The Government is not competent to issue any order in the nature of Ext. P3 fettering the discretion of the Bank conferred by the provisions of the statutory Rules.
(3.) I heard the learned Government Pleader appearing for the respondents also, The learned Government Pleader submitted that Ext. P3 has been issued in the light of the recommendations of the Sub-committee of the Legislative Assembly.;
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