This writ petition challenged the justification for placing the petitioner, a retired Panchayat Secretary, under suspension. The bench held that the suspension was unjustified given the absence of willful default and set aside the impugned order.
The impugned order (Ext.P7) placing the petitioner under suspension is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932
WP(C).No. 4472 of 2010(H)
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PETITIONER:
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S.VIJAYAKUMARAN PILLAI (UNDER SUSPENSION), SECRETARY, VIZHINJAM GRAMA PANCHAYAT, THIRUVANANTHAPURAM DISTRICT.
BY ADVS. DR.K.P.SATHEESAN,
SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY.
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT (EPB) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PANCHAYATS, DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM.
3. DR.P.CHANDRASENAN, CRYSTAL, T.C.49/1123, MANACAUD.P.O, THIRUVANANTHAPURAM.
R1 & R2 BY GOVT. PLEADER SRI. ANTONY MUKKATH, R3 BY ADVS. SRI.RAM MOHAN.G, SRI.G.P.SHINOD.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.4472/2010-H:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE MEMORANDUM OF APPEAL FILED BY THE R.3. DTD. 05/11/1999.
EXT.P.2: COPY OF THE ORDER PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD. 22/07/2005 IN APPEAL NO. 219/2005.
EXT.P.3: COPY OF THE RECEIPT ISSUED BY THE VIZHINJAM GRAMA PANCHAYAT DTD. 12/01/2006.
EXT.P.4: COPY OF THE ORDER PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD. 15/03/2006 IN REVISION PETITION NO.4/2006.
EXT.P.5: COPY OF THE ORDER PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD. 23/06/2009 IN I.A. NO. 27/09 IN COMPALINT NO. 515/2009.
EXT.P.6: COPY OF THE ORDER NO. A5-2315/09 DTD. 10/07/2009 PASSED BY THE PETITIONER.
EXT.P.7: COPY OF THE ORDER G.O.(RT).NO.340/2010/LSGD DTD. 29/01/2010.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
ANTONY DOMINIC, J.
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W.P.(C) NO.4472 OF 2010 (H) -------------------------------------------------Dated this the 17th day of June, 2010
J U D G M E N T
Petitioner retired from the service as Secretary of Vizhinjam Grama Panchayat on 31.3.2010. According to the petitioner, he joined the Vizhinjam Grama Panchayat only on 29.8.2008.
WPC.No.4472 /2010
:2 :
petitioner appraised of Ext.P2 order and that in compliance with Ext.P5 order, he passed Ext.P6 order on 10.7.2009.
WPC.No.4472 /2010
:3 :
other hand, according to the petitioner, he was appraised of the order only when Ext.P5 memo was issued. It is also his case that in compliance with Ext.P5 order petitioner passed Ext.P6 order on 10.7.2009. It is thereafter that he was placed under suspension by Ext.P7.
Writ petition is allowed as above.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No.4472 /2010
:4 :
2 issues framed by the court
Whether the impugned order placing the petitioner under suspension was justified in view of the prevailing facts.
Whether there was any willful default on the part of the petitioner regarding the Tribunal's order.
1 provisions across 1 enactments
S. Vijayakumaran Pillai
State of Kerala
Director of Panchayats
Dr. P. Chandrasenan
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
