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Jan 2016: Revocation of Suspensions

posted Jun 26, 2016, 3:06 AM by IT Administrator   [ updated Jul 3, 2016, 8:37 PM ]
One of the first tasks undertaken by the Managing Council, was looking into the matter of suspension of 58 members of the Association.  In October & November 2015, the new Managing Council had received various representations from the suspended members to look into the matter & if deemed fit, to revoke the suspensions.

At it's council meeting in November 2015, two senior members of the Managing Council, Mr Christopher Rego & Mr Neville Mascarenhas were appointed by the Council to assist the Hon Secretary, Mr Praveen Pereira to study the matter in detail & provide its findings within 3 months.  This 'mass suspension' was unprecedented in the history of the KCA, and the team appointed was also asked to provide recommendations to the Managing Council on further steps to be taken.

In January 2016, the 3-member team submitted a detailed report with it's findings & recommendations.  A summary of the report is as follows:
  1. 1 Member - suspended in Nov 2007; member went to court challenging the suspension & won the case via judgement delivered on October 19, 2015. Suspension to be revoked immediately.
  2. 1 Member - suspended in Oct 2008; several unsubstantiated charges were made against the member, the opportunity of being heard by the General Body as per Rule 5(a) of KCA Rules & Regulations was not afforded; monetary demands, for which there is no provision in the Rules & Regulations, were also made from the member in an arbitary manner. Suspension to be revoked immediately as due procedure was not followed & principles of natural justice were denied to the member
  3. 56 other members were issued Show Cause Notices in October 2010 & subsequently suspended soon thereafter; these members consisted of 3 groups
    • A: 37 members who replied to the Show Cause Notice within 1-month; replies deemed unsatisfactory and suspended in November 2010 
    • B: 9 members who did not reply to the 1st Show Cause Notice, were sent revised Show Cause Notices in October 2010, and replied to the revised show-cause within 1-month; replies deemed unsatisfactory and suspended in December 2010
      • Recommendations for Group A & B was for suspensions to be revoked immediately as due procedure (of having their matters placed before the General Body as per Rule 5(a) was not followed & principles of natural justice were denied to the member
    • C: 10 members who did not reply to the 1st Show Cause Notice, were sent revised Show Cause Notices in October 2010 & did not reply to the revised show-cause as well; these members were also suspended in December 2010
      • Recommended that since the above members did not respond to the Show Cause Notices, the Council writes to each of the members concerned & ask for their response. The Council would then consider the matter on merits & decide on the revocation of their suspension if found fit. 
The Managing Council at it's meeting on January 24, 2016 unanimously accepted the findings & recommendations of the Report & noted with sadness that such a large number of members were made to suffer for several years.  Suspensions were revoked, & the Managing Council welcomed the suspended members back to the KCA