Usha Devi P. T. , W/O Premanathan K. v. State of Kerala
2025-04-11
D.K.SINGH
body2025
DigiLaw.ai
JUDGMENT The present writ petition has been filed by the petitioner who is an ex- employee of Kerala State Co-operative Bank claiming the following reliefs: “i. Issue a writ in the nature of mandamus or any other writ, order or direction to the respondents 2 to 4 to sanction provisional pension to the petitioner as provided under clause 11(2) of the Kerala State Co-Operative Bank and District Co-Operative Banks Self Financing Pension Scheme, 2005, within a time frame deem fit by this Hon’ble Court. ii. To dispense with the filing of English translations of Malayalam documents. iii. To issue such other writ, order or direction as this Honourable Court may deem fit and proper in the circumstances of the case.” 2. The petitioner is facing disciplinary proceedings for misappropriating the Society’s funds. Rule 198(7) of the Kerala Co- operative Societies Rules 1969 provided that in the event of any pendency of disciplinary proceedings against any employee of a Cooperative Society for grave misconduct, irregularity, corruption, or other charges involving moral turpitude, no retirement benefits are to be sanctioned to such employee or retired employee. 2.1 Rule 198(7) of the Kerala Co-operative Societies Rules reads as under: “(7) In the event of any pendency of disciplinary proceedings against any employee of a cooperative, society or any co-operative institution pursuant to any charge of grave misconduct, irregularity, corruption or other charge involving moral turpitude, no retirement benefits shall be sanctioned to such employee or retired employee and in case of sanctioning of any retirement benefits to any such employee or retired employee, the name and designation of the sanctioning authority together with the reason for such sanctioning shall be recorded by the sanctioning authority by himself and such authority shall be held responsible for any loss to the society owing to such sanctioning of retirement benefits if found that such sanctioning was unwarranted." 3. As the petitioner is facing disciplinary proceedings for misappropriation, the petitioner is not entitled to the retirement dues. Hence, there is no substance in the writ petition which is hereby dismissed.