Kerala High Court
Santhosh vs Union Of India on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
WP(C).No.28166 OF 2020(U)
PETITIONER:
SANTHOSH,
AGED 45 YEARS,
S/O. GOPI, ALIPURAKEL HOUSE, PERIYAMBALAM, ANDATHODU
P.O., THRISSUR DISTRICT, PIN-679 564.
BY ADV. SMT.K.NANDINI
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE JOINT SECRETARY,
MINISTRY OF RURAL DEVELOPMENT, NEW DELHI-110 001.
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE RURAL DEVELOPMENT COMMISSIONR AND MISSION
DIRECTOR,
MGNREG SCHEME, (MAHATMA GANDHI NATIONAL RURAL
EMPLOYMENT GUARANTEE SCHEME), 1ST FLOOR, PUNARJANI,
TC. 26/1333 (2), PANAVILA JUNCTION,
THIRUVANANTHAPURAM-695 001.
4 THE DISTRICT PROGRAMME CO-ORDINATOR,
(DISTRICT COLLECTOR), MGNREG SCHEME, CIVIL STATION,
THRISSUR-680 003.
BY ADVS. SRI.K.ARJUN VENUGOPAL
SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28166 OF 2020
2
JUDGMENT
The complaint of the petitioner is
that Government is not making appointment of
the Ombudsman for the Mahatma Gandhi National
Rural Employment Guarantee Scheme, despite the
provisions under the Act providing for such
Ombudspersons in each districts.
2. The 3rd respondent has filed a
statement in which it was stated that a
Selection Committee was already constituted
for appointment of Ombudsman and the said
proceedings are going on. It was stated that
the State is waiting for nominations of the
Union Government representative and that of
the Civil Society representative from Ministry
of Rural Development without whom the
Selection Committee can be convened and the
request was already made in the year 2020.
WP(C).No.28166 OF 2020
3. The learned Government Pleader also
submitted that the nomination from Government
of India has since received. Therefore there
cannot be any impediment for convening the
Selection Committee for selection and
appointment to the post of Ombudsman.
The writ petition is therefore
disposed of with a direction to the 2nd
respondent to expedite the proceedings for
selection and appointment of Ombudspersons and
make appointments, within a period of three
months, subject to the code of conduct which
would be coming into force shortly.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.28166 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION FROM THE
PETITIONER TO THE 4TH RESPONDENT DATED
7.12.2020.
EXHIBIT P1(A) TRUE COPY OF THE REPRESENTATION DATED
7.12.2020 BEFORE THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION FROM 1ST
RESPONDENT TO ALL STATE GOVERNMENTS AND
UNION TERRITORIES DATED 10.3.2017
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED
1.5.2017 FROM THE 1ST RESPONDENT TO ALL
STATE GOVERNMENTS AND UNION TERRITORIES.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION WITH REVISED
GUIDELINES DATED 28.8.2017.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED
18.9.2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED
19.9.2019.
EXHIBIT P7 TRUE COPY OF THE WEBSITE PAGE OF 1ST
RESPONDENT, AS ON 14.12.2020, UNDER THE
HEAD, "NATIONAL OVERVIEW OF THE STATUS OF
OMBUDSPERSON IN STATES", IN STATE OF
KERALA, THE NUMBER OF DISTRICTS IS SHOWN AS
14 IN WHICH THE ACT IS OPERATIONAL. BUT IN
THE COLUMN FOR 'OMBUDSPERSON APPOINTED', IT
IS MENTIONED 'O' (ZERO).
