Kerala High Court
Midilaj K.P vs State Of Kerala on 28 June, 2022
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
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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
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. 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
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
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
