The petitioner is aggrieved with Exts.P4, P6 and P8 orders issued by the respondent Bank. Ext.P4 is dated 15.01.2013 by which the promotion of the petitioner was withheld allegedly on the basis of complaints received against the functioning of the petitioner. Though the order was issued on 15.01.2013, the petitioner has not chosen to challenge the same under Section 69 of the Kerala Co-operative Societies Act, 1969. The allegations in Ext.P4 are said to have been proved in an enquiry conducted by the Secretary. It will not be proper for this Court to adjudicate on it under Article 226 of the Constitution of India. 2. Ext.P6 order was passed on 15.07.2013 directing the petitioner to enter on leave since WP(C).21076/13 2 her conduct was found to be not satisfactory. Again, Ext.P8 was issued wherein it is indicated that from 02.08.2013 the petitioner has been absenting from duty without giving a proper leave application. It was at this stage that the writ petition was filed wherein no interim orders were issued.
3. The learned counsel for the petitioner submits that, the petitioner was willing to join duty and it was the respondent Bank who refused to permit the petitioner to join the respondent Bank and discharge her duties. By Ext.P9 issued subsequent to the filing of the writ petition, it has been specifically directed that the petitioner has to either submit a leave application or join the respondent Bank and discharge her duties strictly in accordance with the directions of the superiors. Ext.P8 order also indicates that pursuant to Ext.P6 dated 15.07.2013 the WP(C).21076/13 3 petitioner handed over charge on 18.07.2013 and proceeded on half pay leave between 19.07.2013 and 01.08.2013. Ext.P8 was issued since petitioner was allegedly on unauthorized absence from 02.08.2013.
4. Since no leave application was received and the petitioner also did not turn up for work, Ext.P8 show cause notice was issued, is the contention. The respondent Bank submits that in defference to the pendency of the writ petition, no proceedings were taken pursuant to Ext.P8 especially since there was an oral direction that, no further proceedings shall be taken.
5. In the circumstances detailed above, it is clear that the petitioner has now been issued with show cause notice and the same is pending enquiry. The petitioner hence, shall file a reply to Ext.P11 within a period of two WP(C).21076/13 4 weeks from today and the Bank shall expedite the enquiry and see that the same is concluded before the retirement of the petitioner which is said to be very near. The petitioner shall also co-operate with the enquiry.
The writ petition is closed, reserving all contentions of the petitioner against Exts.P4, P6 and P8, which shall be agitated in the appropriate forum and making it clear that the petitioner shall be permitted to join duty immediately.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//