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Kerala High Court
Pradeep M vs State Of Kerala on 5 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:94049
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF DECEMBER 2025 / 14TH AGRAHAYANA, 1947
WP(C) NO. 34584 OF 2025
PETITIONERS:
1 PRADEEP M
AGED 41 YEARS
PRAVEEN NIVAS, MUTTACHAL, VELLARADA P.O.,
VELLARADA, THIRUVANANTHAPURAM,
KERALA, PIN - 695505
2 REJIN S M
AGED 34 YEARS
MEDAYIL NIVAS, PARAVILA, PANCHAKUZHI,
PANACHAMOODU P.O., KUNNATHUKAL,
THIRUVANANTHAPURAM, KERALA, PIN - 695505
BY ADVS.
SRI.G.KEERTHIVAS
SMT.VIDHYA SANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, LSGD,
THIRUVANANTHAPURAM, PIN - 695001
2 MISSION DIRECTOR
MGNREGA, THIRUVANANTHAPURAM,
PIN - 695001
3 DISTRICT COLLECTOR/DISTRICT PROGRAM OFFICER
COLLECTORATE, THIRUVANANTHAPURAM, PIN - 695043
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W.P.(C) Nos.34584 & 35218 of 2025
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4 JOINT PROGRAM CO-ORDINATOR
MGNREGA , THIRUVANANTHAPURAM DISTRICT,
PEROORKADA, THIRUVANANTHAPURAM, PIN - 695005
5 BLOCK PROGRAM OFFICER
MGNREGA, SECRETARY, PERUMKADAVILA BLOCK
PANCHAYAT, PERUMKADAVILA, THIRUVANANTHAPURAM,
PIN - 695124
6 VELLARADA GRAMA PANCHAYATH
REPRESENTED BY SECRETARY,PANACHAMOODU P.O.,
THIRUVANANTHAPURAM, KERALA, PIN - 695505
7 SECRETARY
VELLARADA GRAMA PANCHAYATH, PANACHAMOODU P.O.,
THIRUVANANTHAPURAM, PIN - 695505
8 OMBUDSMAN (MGNREGS)
CIVIL STATION, A-IV/F3, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
9 STATE APPELLATE AUTHORITY (OMBUDSMAN)
OFFICE OF THE STATE OMBUDSMAN APPELLATE
AUTHORITY, MGNREGS, TC- 31/2138, GNB-114,
GANDHINAGAR,
PEROORKADA P.O., THIRUVANATHAPURAM, PIN -
695005
BY ADV.
SRI. J.S. AJITHKUMAR
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.10.2025, ALONG WITH WP(C).35218/2025, THE COURT ON
05.12.2025 DELIVERED THE FOLLOWING:
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W.P.(C) Nos.34584 & 35218 of 2025
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF DECEMBER 2025/14TH AGRAHAYANA, 1947
WP(C) NO. 35218 OF 2025
PETITIONER:
NIVIN J.J
AGED 33 YEARS
S/O. JUSTIN JAYAKUMAR, PEARL VIEW,
KILIYOOR,
VELLARADA P.O., PIN - 695505
BY ADVS.
SRI.DENU JOSEPH
SHRI.ANANDU B. BABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, LSGD,
THIRUVANANTHAPURAM, PIN - 695001
2 MISSION DIRECTOR
MGNREGA, THIRUVANANTHAPURAM, PIN - 695001
3 DISTRICT COLLECTOR
/DISTRICT PROGRAM OFFICER COLLECTORATE,
THIRUVANANTHAPURAM, PIN - 695043
4 JOINT PROGRAM CO-ORDINATOR
MGNREGA , THIRUVANANTHAPURAM DISTRICT,
PEROORKADA, THIRUVANANTHAPURAM, PIN - 695005
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W.P.(C) Nos.34584 & 35218 of 2025
:4:
5 BLOCK PROGRAM OFFICER
MGNREGA, SECRETARY, PERUMKADAVILA BLOCK
PANCHAYAT, PERUMKADAVILA, THIRUVANANTHAPURAM,
PIN - 695124
6 VELLARADA GRAMA PANCHAYATH
REPRESENTED BY SECRETARY,PANACHAMOODU P.O.,
THIRUVANANTHAPURAM, KERALA, PIN - 695505
7 SECRETARY VELLARADA GRAMA PANCHAYATH,
PANACHAMOODU P.O.,
THIRUVANANTHAPURAM, PIN - 695505
8 OMBUDSMAN (MGNREGS)
CIVIL STATION, A-IV/F3, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
9 STATE APPELLATE AUTHORITY (OMBUDSMAN)
OFFICE OF THE STATE OMBUDSMAN APPELLATE
AUTHORITY, MGNREGS, TC- 31/2138, GNB-114,
GANDHINAGAR,
PEROORKADA P.O., THIRUVANATHAPURAM, PIN -
695005
BY ADV SHRI.J.S.AJITHKUMAR
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.10.2025, ALONG WITH WP(C).34584/2025, THE COURT ON
05.12.2025 DELIVERED THE FOLLOWING:
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W.P.(C) Nos.34584 & 35218 of 2025
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.34584 and 35218 of 2025
`````````````````````````````````````````````````````````````
Dated this the 5th day of December, 2025
JUDGMENT
~~~~~~~~~
The petitioners in W.P.(C) No.34584/2025
are Accredited Overseers engaged on contract basis under
the Mahatma Gandhi National Rural Employment Guarantee
Scheme (MGNREGS), in the 6th respondent-Vellarada Grama
Panchayat. They were appointed during the year 2013 on
contract basis.
2. The petitioners state that on the basis of
Exts.P4 order of the 8th respondent-Ombudsman for
MGNREGS, a special audit was conducted by the Joint
Director, Local Fund Audit Department. The report of the
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W.P.(C) Nos.34584 & 35218 of 2025
Local Fund Audit mentioned the failure of Assistant Executive
Engineers. The work carried out by the Overseers is as per
the sanctions and directions of the Accredited Engineer, the
Panchayat Secretary, the Accredited Engineer (Block) and the
Accredited Engineer (District).
3. The petitioners assert that they were never
allotted the work for the Nooliyankulam project and they were
never entrusted with the responsibility of monitoring or
supervising the said project. Ext.P5 audit report, while
mentioning lack of oversight on the part of the petitioner
Overseers, did not explicitly name the petitioners as
responsible for various financial irregularities, contend the
petitioners.
4. The 6th respondent-Panchayat, however,
issued Ext.P7 charge memo dated 18.08.2025 to the
petitioners. Later, the 6th respondent issued suspension order
dated 22.08.2024. The petitioners challenge Ext.P10
suspension order. The petitioners had filed Exts.P11 and P12
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W.P.(C) Nos.34584 & 35218 of 2025
appeals against the Ombudsman's order before the State
Appellate Authority (Ombudsman). Orders are yet to be
passed in the appeals. The petitioners state that orders of
suspension imposed on them are illegal and the respondents
are compellable to reinstate the petitioners to their respective
posts as Accredited Overseers.
5. The petitioner in W.P.(C) No.35218/2025
states that he was appointed as Accredited Engineer by the
Vellarada Grama Panchayat on contract basis with effect from
24.04.2018. The agreement of contract was renewed from
time to time. Thereafter, on the basis of Ext.P2 order dated
28.07.2025 of the 8th respondent-Ombudsman, a special audit
was conducted and Ext.P3 audit report was submitted. The
6th respondent-Panchayat gave a detailed response to the
audit report and requested to avoid further proceedings as per
Ext.P4.
6. The petitioner has filed Ext.P5 appeal before
the 9th respondent-State Appellate Authority (Ombudsman).
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W.P.(C) Nos.34584 & 35218 of 2025
In spite of the pending appeal, the 6th respondent-Panchayat
issued Ext.P6 charge memo to the petitioners on 18.08.2025.
The petitioner submitted Ext.P7 reply. The petitioner was,
however, placed under suspension for a period of three
months, as per Ext.P8 decision of the Panchayat and Ext.P9
suspension order dated 22.08.2025.
7. The petitioner states that the suspension
order was issued on the same day the petitioners gave a reply
to the charge memo. It is evident that the respondents have
not considered the reply given by the petitioner. He was not
given an opportunity of hearing either. Proceedings have
been initiated only against the petitioner and two Overseers
and the others implicated in the audit report are not
proceeded against.
8. The 6th respondent has now issued Ext.P11
notice for a walk-in interview to fill up the vacancy of
Accredited Engineer. The 6th respondent is not justified in
filling up the vacancy of the Accredited Engineer presently
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W.P.(C) Nos.34584 & 35218 of 2025
held by the petitioner. The petitioner therefore seeks to set
aside Exts.P9, P10 and P11 and to direct the respondents to
reinstate the petitioner in service.
9. The Secretary to the Grama Panchayat filed
counter affidavit. The Secretary submitted that the Joint
Director, Local Self Government Department found grave
irregularities on the part of the petitioners who have
deliberately committed loss to the exchequer and public
money in the works executed by them. Though the
petitioners have filed appeal against the order of the
Ombudsman, the Appellate Authority has not granted interim
stay orders. The petitioners are under suspension from
22.08.2025 onwards. The allegations levelled against the
petitioners are grave. A vigilance enquiry is also
contemplated.
10. With the existing two Accredited Overseers it
is difficult for the Grama Panchayat to provide employment to
the registered labourers and to execute projects under
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W.P.(C) Nos.34584 & 35218 of 2025
MGNREG Scheme. Therefore, it is necessary that Accredited
Overseers / Engineers are recruited by the Panchayat.
11. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing the
State of Kerala and the learned Standing Counsel appearing
for the Vellarada Grama Panchayat.
12. The petitioners have been serving as
Accredited Engineers / Accredited Supervisors since
2013/2018 onwards. The Ombudsman for MGNREGS, on a
complaint of financial irregularities received, directed enquiry
by Local Fund Audit Department. The Joint Director
submitted audit report dated 20.05.2025.
13. On the basis of the audit report, charge
memos have been issued on the petitioners and a
departmental enquiry has commenced by issuing charge
memo. The petitioners have been put under suspension.
The petitioners challenge the charge memo as well as
suspension orders.
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W.P.(C) Nos.34584 & 35218 of 2025
14. As the charge memos have been issued
based on an audit report made pursuant to the directions of
the Ombudsman, and since I do not find any illegality or
irregularity in the issuance of charge memos, the disciplinary
proceedings cannot be interfered with at this stage.
Considering the allegations made against the petitioners, it
cannot be said that the orders of suspension are unwarranted.
The prayers of the petitioners therefore cannot be granted.
15. However, taking into consideration the facts
of the case, the writ petitions are disposed of with the
following directions:
(i) The State Appellate Authority
(Ombudsman), MGNREGS shall finally
dispose of the appeals preferred by the
petitioners within a period of six weeks from
the date of receipt of a copy of this
judgment, if the appeals are not disposed of
already.
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W.P.(C) Nos.34584 & 35218 of 2025
(ii) The disciplinary proceedings
against the petitioners shall stand deferred
till orders are passed on the appeals as
directed above.
(iii) The disciplinary proceedings
against the petitioners shall continue
thereafter, depending upon the findings of
the Appellate Authority.
(iv) If the Panchayat proposes to
continue the disciplinary proceedings, the
proceedings shall be concluded within a
period of four months from the date of the
appellate order.
(v) The Panchayat will be free to make
appointments to the posts of Accredited
Engineer / Accredited Overseers on
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W.P.(C) Nos.34584 & 35218 of 2025
temporary basis subject to the culmination of
the proceedings initiated against the
petitioners.
The petitioners shall serve a copy of this judgment on the
Appellate Authority and the Secretary to the Grama
Panchayat.
Sd/-
N. NAGARESH, JUDGE
aks/03.12.2025
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W.P.(C) Nos.34584 & 35218 of 2025
APPENDIX OF WP(C) NO. 34584 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT OF CONTRACT
STAFF DATED 25.04.2025 ENTERED BETWEEN
THE 1ST PETITIONER AND 6TH AND 7TH
RESPONDENTS
Exhibit P2 TRUE COPY OF THE EXPERIENCE
CERTIFICATE DATED 19.10.2024 ISSUED BY
THE 7TH RESPONDENT
Exhibit P3 TRUE COPY OF THE JOB CHART OF GRAMA
PANCHAYAT ACCREDITED OVERSEER WITH
REF. NO.9833/EGS.D/18/REGS
Exhibit P4 TRUE COPY OF THE ORDER DATED
28.07.2025 ISSUED BY THE 8TH
RESPONDENT
Exhibit P5 TRUE COPY OF THE AUDIT REPORT DATED
20.05.2025 ISSUED BY THE JOINT
DIRECTOR, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, FOR
THE KERALA STATE AUDIT DEPARTMENT,
DISTRICT AUDIT OFFICER,
THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF THE PANCHAYAT COMMITTEE
RESOLUTION DATED 26.06.2025 ISSUED BY
THE PRESIDENT
Exhibit P7 TRUE COPY OF THE CHARGE MEMO DATED
18.08.2025 ISSUED BY THE 7TH
RESPONDENT
Exhibit P8 TRUE COPY OF THE REPLY TO THE CHARGE
MEMO DATED 20.08.2025 FURNISHED BY THE
PETITIONERS
Exhibit P9 TRUE COPY OF THE DECISION DATED
22.08.2025 ISSUED BY THE PRESIDENT OF
THE 6TH RESPONDENT PANCHAYATH
Exhibit P10 TRUE COPY OF THE SUSPENSION ORDER NO.
SC1-3903582-2025 DATED 22.08.2025
ISSUED BY THE 7TH RESPONDENT
Exhibit P11 TRUE COPY OF THE APPEAL PETITION FILED
BY THE 1ST PETITIONER DATED 14.08.2025
Exhibit P12 TRUE COPY OF THE APPEAL PETITION FILED
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W.P.(C) Nos.34584 & 35218 of 2025
BY THE 2ND PETITIONER DATED 14.08.2025
Exhibit P13 TRUE COPY OF THE NOTICE OF HEARING
DATED 26.08.2025 ISSUED BY THE 9TH
RESPONDENT.
Exhibit P14 TRUE COPY OF THE WALK-IN INTERVIEW
NOTICE DATED 10.09.2025 ISSUED BY THE
7TH RESPONDENT
RESPONDENT'S EXHIBITS
Exhibit R6(a) Copy of the statement submitted by the
6th respondent to the chairman, State
appellate authority of Ombudsman,
MGNREG
Exhibit R6(b) COPY OF THE PROCEEDINGS OF THE 9TH
RESPONDENT, APPELLATE AUTHORITY OF
OMBUDSMAN DATED 09/10/2025
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W.P.(C) Nos.34584 & 35218 of 2025
APPENDIX OF WP(C) NO. 35218 OF 2025
PETITIONER'S EXHIBITS
Exhibit.P1 TRUE COPY OF THE AGREEMENT OF CONTRACT
STAFF DATED 25.04.2025 ENTERED BETWEEN
THE PETITIONER AND 6TH AND 7TH
RESPONDENTS
Exhibit.P2 TRUE COPY OF THE ORDER DATED
28.07.2025 ISSUED BY THE 8TH
RESPONDENT
Exhibit.P3 TRUE COPY OF THE AUDIT REPORT DATED
20.05.2025 ISSUED BY THE JOINT
DIRECTOR, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, FOR
THE KERALA STATE AUDIT DEPARTMENT,
DISTRICT AUDIT OFFICER,
THIRUVANANTHAPURAM
Exhibit.P4 TRUE COPY OF THE DETAILED REPLY GIVEN
BY THE 6TH RESPONDENT PANCHAYATH TO
8TH RESPONDENT OMBUDSMAN
Exhibit.P5 TRUE COPY OF THE AFOREMENTIONED APPEAL
FILED BY THE PETITIONER BEFORE 9TH
RESPONDENT
Exhibit.P6 TRUE COPY OF THE CHARGE MEMO DATED
18.08.2025 ISSUED BY THE 7TH
RESPONDENT
Exhibit.P7 TRUE COPY OF THE REPLY TO THE CHARGE
MEMO DATED 22.08.2025 FURNISHED BY THE
PETITIONERS
Exhibit.P8 TRUE COPY OF THE DECISION DATED
22.08.2025 ISSUED BY THE PRESIDENT OF
THE 6TH RESPONDENT PANCHAYATH
Exhibit.P9 TRUE COPY OF THE SUSPENSION ORDER NO.
SC1-3903582-2025 DATED 22.08.2025
ISSUED BY THE 7TH RESPONDENT
Exhibit.P10 TRUE COPY OF THE NOTICE OF HEARING
DATED 26.08.2025 ISSUED BY THE 9TH
RESPONDENT
Exhibit.P11 TRUE COPY OF THE WALK-IN INTERVIEW
NOTICE DATED 10.09.2025 ISSUED BY THE
7TH RESPONDENT
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W.P.(C) Nos.34584 & 35218 of 2025
RESPONDENT'S EXHIBITS
Exhibit R6(a) Copy of the statement submitted by the
6t respondent to the chairman, State
appellate authority of Ombudsman,
MGNREG scheme
PETITIONER'S EXHIBITS
EXHIBIT.P12 The copy of the modified order dated
31.07.2025 passed by the 8th
Respondent clarifying page No. 23 of
exhibit P2
EXHIBIT.P13 The copy of the report submitted by me
dated nil however prior to resolution
dated 26.06.2025
EXHIBIT.P14 The resolution of the 6th Respondent
Panchayath dated 26.06.2025 based on
Exhibit P13 report submitted by me
EXHIBIT.P15 The copy of the report dated
06.08.2025 submitted by the petitioner
to the 6th Respondent,
EXHIBIT.P16 The copy of the said letter dated
07.08.2025 issued by the 7th
Respondent i
EXHIBIT.P17 The copy of the order passed by the
Appellate authority dated 09.10.2025
EXHIBIT.P18 The copy of the order dated 21.10.2025
of the 8th Respondent
