IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 13560 OF 2021
PETITIONER:
MIDILAJ K.P.
AGED 36 YEARS
S/O.HAMZA K.P., KIZHAKKUMBATT HOUSE,
KUTTIPURAM P.O., MALAPPURAM DISTRICT
PIN 679 571
BY ADV M.DEVESH
RESPONDENTS:
1 STATE OF KERALA
REP. BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
2 ADDITIONAL SECRETARY (FINANCE)
FINANCE INSPECTION (NTH) DEPARTMENT,
THIRUVANANTHAPURAM PIN 695 001
3 THE SECRETARY
KUTTIPPURAM GRAMA PANCHAYATH,
KUTTIPURAM PIN 679 571
4 KUTTIPURAM GRAMA PANCHAYATH
REP. BY ITS SECRETARY,
KUTTIPPURAM PIN 679 571
5 MOHAMMED FAISAL K.K.
AGED 31 YEARS
S/O.ADAMKUTTY, KORATH MELETHIL HOUSE,
KUTTIPURAM P.O., PIN 679 571
6 ABDUL RAFI
S/O.KUNHUMUHAMMED, PARATHODI HOUSE,
PAKARANELLUR, PAZHUR, PIN 686 664
W.P.(C) No.13560/2021
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BY ADVS.
SRI.MILLU DANDAPANI FOR R3 & R4
SRI.KANDAMPULLY RAHUL FOR R5
SRI. SYAMANTHAK B.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.13560/2021
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N. NAGARESH, J.
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W.P.(C) No.13560 of 2021
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Dated this the 28th day of June, 2022
JUDGMENT
~~~~~~~~~ The petitioner, a resident of Kuttippuram Grama Panchayat, is before this Court seeking to direct the 4 th respondent to terminate the contract of respondents 5 and 6 on the basis of Ext.P1 with immediate effect and to conduct vigilance enquiry against respondents 5 and 6.
2. The petitioner states that respondents 5 and 6 are working on contract basis with the 4th respondent- Kuttippuram Grama Panchayat. The petitioner alleges that respondents 5 and 6 have misappropriated large amount of Panchayat fund. The Finance Inspection (NT-H) Department of the Government of Kerala has made enquiry in respect of W.P.(C) No.13560/2021 :4: the financial irregularities in the Grama Panchayat and has submitted Ext.P1 report. In Ext.P1, the Additional Secretary (Finance) has recommended that the services of those employees should be dispensed with.
3. The petitioner has therefore filed the writ petition seeking to direct the 4th respondent to terminate the contract of respondents 5 and 6 and conduct a detailed enquiry regarding the misappropriation happened in the 4 th respondent-Panchayat.
4. Respondents 3 and 4 filed a statement dated 21.06.2022. Respondents 3 and 4 stated that the 4 th respondent has issued charge memo to the 5 th respondent on 11.11.2021 to show-cause why action should not be taken against him. The 5th respondent has submitted a detailed reply denying the allegations. The reply was placed before the Panchayat Committee. Majority of the members were of the opinion that the reply submitted by the 5 th respondent is satisfactory and further action if required can be taken in accordance with final disposal of the writ petition. W.P.(C) No.13560/2021 :5:
5. I have heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 2, the learned Standing Counsel for respondents 3 and 4 and the learned counsel for the 5 th respondent. Notice sent to the 6th respondent is returned with endorsement 'Not known'.
6. The grievance of the petitioner is that respondents 5 and 6, who are appointed by the 4 th respondent-Panchayat on contract basis, have misappropriated large amounts of Panchayat fund. Respondents 3 and 4 shall make appropriate enquiry.
7. At the time of hearing, it was submitted on behalf of respondents 3 and 4 that the 6 th respondent is no more in the service of the Grama Panchayat and hence no disciplinary action can be taken against the 6 th respondent.
8. As regards the 5th respondent, the Standing Counsel submitted that respondents 3 and 4 were not aware of Ext.P1 report of the Finance Inspection (NT-H) Department of the Government of Kerala. As the Finance W.P.(C) No.13560/2021 :6: Inspection Department has recommended action against the employees, respondents 3 and 4 have issued chargesheet to the 5th respondent and the disciplinary proceedings initiated will be brought to a logical conclusion.
In view of the said submission, the writ petition is disposed of directing respondents 3 and 4 to conclude the disciplinary proceedings against the 5th respondent within a period of three months positively, strictly adhering to the principles of natural justice. The petitioner will be at liberty to produce documentary evidence, if any, before the 3 rd respondent within a period of two weeks, for effective prosecution of the disciplinary proceedings by respondents 3 and 4. It is made clear that this Court has not pronounced anything on the merits of the allegations made by the petitioner.
Sd/-
N. NAGARESH, JUDGE aks/29.06.2022 W.P.(C) No.13560/2021 :7: APPENDIX OF WP(C) 13560/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT DATED 7.11.2019 FILED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE ESTIMATE NO.2021/8635 UNDER THE CHIEF MINISTERS LOCAL ROADS REBUILT PROJECT (CMLRRP) 2020 PHASE III DATED NIL Exhibit P3 TRUE COPY OF THE ESTIMATE NO.2021/8646 UNDER THE CHIEF MINISTERS LOCAL ROADS REBUILT PROJECT (CMLRRP) 2020 PHASE III DATED NIL Exhibit P4 TRUE COPY OF THE PAPER REPORT REGARDING THE CHENGANAKKADAVU ROAD DATED 27.6.2021 Exhibit P5 TRUE COPY OF THE REQUEST BY THE PETITIONER DATED 4.3.2021 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 30.62021 MADE BY THE PETITIONER TO THE 4TH RESPONDENT