The petitioner is aggrieved with Ext.P1 order passed by the Assistant Registrar (General), Trivandrum, ordering an enquiry under Section 66 of the Kerala Co-operative Societies Act, 1969 (for brevity,'the KCS Act'). The petitioner contends that, there is nothing stated in Ext.P4, as to how the Assistant Registrar (General) arrived at a satisfaction as to the enquiry initiated under Section 66 of the KCS Act. The enquiry officer's name is also seen not stated in the order. 2. The learned Government Pleader points out that the designation of the enquiry officer is stated in Ext.P1. However, the learned Counsel for the petitioner would point out a decision reported in Ellakkal Service Co- operative Bank v. State of Kerala [1997(2) KLT 85] which, clearly indicates that the name of the person who is appointed as the enquiry officer has to be indicated in the W.P.(C) No.4671 of 2012 - H 2 order issued under Section 66 of the KCS Act. The incumbent in an office may change, but the enquiry officer has to be the one and the same person or going by the binding precedent aforecited the enquiry ordered would have to the withdrawn when an incumbent in a post is transferred and a fresh enquiry ordered by the new incumbent. Hence, following the binding precedent above noticed, Ext.P1 is to be set aside.
3. This Court has noticed that the 5th respondent has not been served, since notice has returned as “unclaimed”. In any event, the enquiry proceedings were stayed by an order dated 05.03.2012 and the 5th respondent, on whose compliant the proceedings are said to have been initiated, would be definitely aware of the stay of proceedings.
Hence, the writ petition is disposed of, reserving liberty to the department to initiate enquiry, if the same is found necessary and also in accordance with law.
K. VINOD CHANDRAN, JUDGE SB