Molly D.S. vs Mudakkal Grama Panchayat
2021 Latest Caselaw 2680 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.4482 OF 2012(I)


PETITIONER:

               MOLLY D.S., P.D.TEACHER,
               GOVERNMENT L.P.SCHOOL, CHEMBOOR,
               THIRUVANANTHAPURAM DIST.

               BY ADVS.
               SRI.PIRAPPANCODE V.S.SUDHIR
               SRI.T.K.ANANDA KRISHNAN
               SRI.JELSON J.EDAMPADAM

RESPONDENTS:

      1        MUDAKKAL GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY,
               ELAMBA P.O., AVANAVANCHERI VIA,
               THIRUVANANTHAPURAM DIST-695 103.

      2        THE SECRETARY, MUDAKKAL GRAMA PANCHAYAT,
               ELAMBA P.O., AVANAVANCHERI VIA,
               THIRUVANANTHAPURAM DIST-695 103.

      3        STATE OF KERALA
               REPRESENTED BY THE SECRETARY,
               LCAL SELF GOVERNMENT DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

               BY ADV. SRI.M.R.RAJESH - SC
               SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 4482/12
                                     2



                               JUDGMENT

The petitioner has approached this Court

impugning Ext.P5 memo of charge and says that

the same has been issued without proper

thought or application of mind.

2. I notice that this matter has been

pending before this Court for the last more

than eight years during which time Ext.P5 has

remained stayed.

3. Obviously, therefore, I do not think

that any further action based on Ext.P5 can be

taken against the petitioner, since the

factual circumstances and the ground realities

may have been altered in the last eight years,

when this matter has been pending before this

Court.

In the afore circumstances, I order this

writ petition, confirming the interim order

against Ext.P5; however, leaving liberty to WPC 4482/12

the respondents to initiate fresh action

against the petitioner, if it is so warranted,

as per law and after following due procedure.

Sd/-

                                      DEVAN RAMACHANDRAN

       RR                                   JUDGE
 WPC 4482/12


                            APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO. A3-

3752/2011 DATED 30/12/2011 OF THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE LETTER NO. A3-

3187/2011 DATED 18/01/2012 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE SHOW CAUSE NOTICE NO. A3-5182/2011 DATED 23/01/2012, ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 30/01/2012 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE MEMO OF CHARGE DATED 15/02/2012 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.33276/DPI/02/LSGD DATED 09/08/2002 OF THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.14565/DPI/03/LSGD DATED 24/03/2003 OF THE 3RD RESPONDENT.