Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944 WP(C) NO. 29906 OF 2022 PETITIONER: RAJANI P.S., AGED 43 YEARS D/O SIVADASAN, PUTHENPURAYIL HOUSE, VANNAPPURAM PO, ODIYAPARA, THODUPUZHA, IDUKKI DISTRICT- 685607. BY ADVS. C.R.JAYAKUMAR NOBEL RAJU RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (RURAL) DEPARTMENT, GOVERNMENT SECRETARIATE. THIRUVANANTHAPURAM - 695001. 2 THE MISSION DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME KERALA (MGNREGS), REVENUE COMPLEX PUBLIC OFFICE COMPOUND, THIRUVANANTHAPURAM 695003. 3 THE VANNAPPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VANNAPPURAM GRAMA PANCHAYATH OFFICE, VANNAPPURAM PO, IDUKKI DISTRICT- 685607. 4 THE SECRETARY, VANNAPPURAM GRAMA PANCHAYATH, VANNAPPURAM GRAMA PANCHAYATH OFFICE, VANNAPPURAM PO, IDUKKI - 685607.
BY ADV SHRI.K.C.JOSEPH KADALIYIL, SC, VANNAPPURAM GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 29906 OF 2022 2
JUDGMENT
Dated this the 7th day of October, 2022 This writ petition is filed seeking the following reliefs: - i) To Issue a writ in the nature of mandamus, order or direction setting aside Exhibit P9 suspension order issued by the 3 rd respondent without any authority. ii) To Issue a writ in the nature of mandamus, order or direction setting aside Exhibit P9 suspension order issued by the 3 rd respondent because as per Exhibit P10 guidelines; the suspension period shall not exceed more than 30 days from the date of suspension. iii) To issue a writ in the nature of mandamus, order or direction; directing the 3rd & 4th respondents to allow the petitioner to resume the work as Accountant cum Computer Operator at Vannappuram Grama Panchayath within a time frame. iv)To issue a writ in the nature of mandamus, order or direction: directing the 3rd & 4th respondents to submit the files and proceedings ended with the termination of the petitioner by Violating Exhibit P10 guidelines. v) To issue a writ in the nature of quo warranto, order or direction remove the office bearers of 3rd respondent and the 4th respondent who are bound to comply the Exhibit P10 circular issued by the 2nd respondent.
2. Heard the learned counsel for the petitioner and the learned Counsel appearing for the respondent Panchayat.
3. It is submitted by the learned counsel for the petitioner that
WP(C) NO. 29906 OF 2022 3 the petitioner, while working as Accountant cum Computer Operator under the 3rd respondent Panchayat, has been placed under suspension by Ext.P9 order dated 29/7/2022. It is submitted that aggrieved by the order of suspension, the petitioner has preferred Ext.P11 appeal before the Joint Programme Co-ordinator of the Mahatma Gandhi National Rural Employment Guarantee Scheme Kerala (MGNREGS). It is submitted that the said appeal is liable to be considered in accordance with law.
4. A counter affidavit has been filed by respondents 3 and 4.
It is contended that Ext.P9 order of suspension was necessitated due to grave misconduct and indiscipline on the part of the petitioner. It is submitted that an enquiry had been conducted against the petitioner and the report of the enquiry has been forwarded to the District Progamme Co-ordinatior/District Collector by Ext.R4(e) proceedings dated 17/8/2022. It is submitted that the issue has to be considered in accordance with Ext.P10 circular and that it is for the District Collector to consider Ext.R4(e) and take further appropriate steps in the matter. It is further contended that Ext.P1 produced along with the writ petition is a fake document. WP(C) NO. 29906 OF 2022 4
5. Having considered the contentions advanced, I am of the
opinion that the issue raised by the petitioner requires a consideration. There will accordingly be a direction to the District Progamme Co-ordinator/District Collector to take up consider and pass orders on the complaint submitted by the petitioner as well. This writ petition is therefore disposed of directing that a copy of Ext.P11 shall be forwarded by the petitioner to the additional 5 th respondent, who shall take up the said representation and pass orders thereon after issuance of notice to the petitioner as well as the Grama Panchayat. Appropriate orders shall be passed after hearing the parties within a period of one month from the date of receipt of a copy of the judgment. The petitioner shall make available copy of Ext.P11 along with a copy of this judgment before the additional impleaded 5th respondent for compliance. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE ska WP(C) NO. 29906 OF 2022 5 APPENDIX OF WP(C) 29906/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF EXPERIENCE CERTIFICATE VIDES NO. SC-1/974/22 DTD 31/05/2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE CERTIFICATE IN PGDCA ISSUED
FROM SOCIETY FOR INFORMATION TECHNOLOGY DEVELOPMENT, A NATIONAL IT DEVELOPMENT AGENCY, THIRUVANANTHAPURAM. Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER NO. SERVICE OF THE CONTRACT EMPLOYEES FOR A PERIOD OF FURTHER 2 YEARS. Exhibit P4 THE PETITIONER HAD SECURED 53.95% MARKS IN THE APPRAISAL CONDUCTED BY THE ELAMDESAM BLOCK PROGRAMME OFFICER VIDE ORDER NO. E/1266/22 DATED 25/07/2022.
Exhibit P5 TRUE COPY OF THE MINUTES OF THE VANNAPPURAM GRAMA PANCHAYAT COMMITTEE DATED. 02/07/2022. Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES DATED 6/7/2022. Exhibit P7 TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED BY THE 4TH RESPONDENT VIDES NO. JC1-1559 DATED Exhibit P8 TRUE COPY OF THE REPLY TO EXHIBIT P7 SHOWCAUSE NOTICE ISSUED BY THE PETITIONER.
Exhibit P9 TRUE COPY OF THE SUSPENSION ORDER VIDES ORDER
NO. JC1-1559/2022 DATED 29/07/2022. WP(C) NO. 29906 OF 2022 6 Exhibit P10 TRUE COPY OF THE CIRCULAR VIDES NO. NREGA/672/2022-A3 DATED 23/07/2022 ISSUED BY THE DEVELOPMENT COMMISSIONER (IT) FOR AND ON BEHALF OF THE 2ND RESPONDENT. RESPONDENT EXHIBITS Exhibit R4(A) TRUE PHOTOSTAT COPY OF THE LETTER DATED 07.07.2022 BY THE PANCHAYAT PRESIDENT ADDRESSED TO THE SECRETARY TO GET EXPLANATION FROM THE PETITIONER.
Exhibit R4(B) TRUE PHOTOSTAT COPY OF THE REPLY DATED 14.07.2022 SUBMITTED BY THE PETITIONER TO EXHIBIT P7 SHOW CAUSE NOTICE. Exhibit R4(C) TRUE PHOTOSTAT COPY OF THE LETTER NO.JC 1-
RESPONDENT SECRETARY TO THE DISTRICT COLLECTOR, IDUKKI (DISTRICT PROGRAMME CO - ORDINATOR) INFORMING THE SUSPENSION OF THE PETITIONER. Exhibit R4(D) TRUE PHOTOSTAT COPY OF THE LETTER NO. B1- DISTRICT COLLECTOR, IDUKKI REPORTING LACK OF PROPER PGDCA CERTIFICATE AND QUALIFICATION OF PETITIONER. Exhibit R4(E) TRUE PHOTOSTAT COPY OF THE REPORT AND LETTER
NO. JC 1 - 1559/2022 DATED 17.08.2022 BY THE 4TH RESPONDENT SECRETARY FORWARDED TO THE DISTRICT COLLECTOR (DISTRICT PROGRAMME CO- ORDINATOR) AS STIPULATED IN PARAGRAPH 4 OF EXHIBIT P 10 CIRCULAR. PETITIONER EXHIBITS Exhibit P11 TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE JOINT PROGRAMME CO- ORDINATOR (MGNREGS ELAMDESAM DATED 27/08/2022