JUDGMENT : 1. The petitioners have approached this Court seeking that the amounts deposited by them in two Savings Bank Accounts, bearing No.4744/11 and 4745/11, with the 7th respondent -- Poruvazhi Service Co-operative Bank (hereinafter referred to as ‘the Bank’ for short), be allowed to be withdrawn since they require the amount for emergent reasons. 2. As regards the Saving Account is concerned, the learned counsel for the petitioners says that, as is clear from Exts.P1 and P2, his clients had a credit of Rs.21,80,661/- therein in December, 2017, but that the bank is not allowing them to withdraw it. 3. The learned standing counsel appearing for the respondent - bank submits that the bank is unable to allow operation of the accounts because large scale misappropriation of amounts in the Savings Bank Accounts have been noticed by them at the instance of a particular employee and that proceedings under S.68 of the K.C.S. Act has been initiated against him. 4. Even if this is true and if amounts have been so misappropriated by their employee, the Bank is certainly vicariously liable for the same. Therefore, the Bank cannot leisurely wait until the enquiry against them, be that under S.65 or 66 of the Kerala Co-operative Societies Act, is completed and it is certainly enjoined upon them to make every effort to ensure that amounts owned by the customers, specially in the Savings Bank accounts, are allowed to be withdrawn without any further delay. 5. Of course, the only precaution which is required for this is that the petitioners must establish that the documents are genuine and that the amounts have not been withdrawn by them. This certainly requires an enquiry to be done by the Administrator, who is now in charge of the affairs of the Bank and he must do so within a very short period, since the petitioners say that they require funds urgently. 6. In fact my views as afore has been endorsed by the Senior Government Pleader, Sri.Bimal K.Nath, who confirms that an enquiry under S.65 is going on against the Bank and that some employees have been found guilty of large scale misappropriation, to the tune of Rs.2.5 Crores, for which criminal cases are also registered against them.
6. In fact my views as afore has been endorsed by the Senior Government Pleader, Sri.Bimal K.Nath, who confirms that an enquiry under S.65 is going on against the Bank and that some employees have been found guilty of large scale misappropriation, to the tune of Rs.2.5 Crores, for which criminal cases are also registered against them. He says that, however, there is no impediment in the Administrator, in charge of the Bank, in considering the validity of the petitioners’ documents and issuing appropriate orders thereon, if this Court so directs him. 7. Taking note of the afore submissions and since I am of the view that it will be very unfair to allow a person who has made bona fide deposits in their savings accounts to wait ad infinitum until an enquiry against the Bank is completed, I direct the Administrator to hear the petitioners and verify their documents, including the Passbook and then take a decision as to whether they can be allowed to operate the savings accounts and to what extent. This order shall be issued by the Administrator, either permitting the petitioners to operate the accounts in terms of Exts.P1 and P2 Passbooks or declining it for valid reasons, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. This Writ Petition is thus ordered.