IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WA.No. 460 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.4534/2010 Dated 11/02/2010 .................... APPELLANT(S): PETITIONER ---------------------- KALLARA GRAMA PANCHAYAT, TRIVANDRUM REPRESENTED BY ITS PRESIDENT SRI.ANAMPACHA SURESH. BY ADV. SRI.S.MOHANDAS SRI.V.B.PREMACHANDRAN RESPONDENT(S): RESPONDENTS ------------------------ 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVT.DEPARTMENT, TRIVANDRUM. 2. SRI.SATHEESHCHANDRAN, DEPUTY SECRETARY TO GOVT., LOCAL SELF GOVT. DEPARTMENT, TRIVANDRUM. 3. DIRECTOR OF PANCHAYATS, VELLAYAMBALAM, TRIVANDRUM. BY SR.GOVT. PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = W.A. 460 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF MARCH, 2010. J U D G M E N T Raman, Ag. CJ. Appellant is a Grama Panchayat. They are aggrieved by certain observations made while issuing the suspension order Ext.P1, against two employees working in the Panchayat. According to the appellant, in Para 5 of Ext.P1, certain adverse remarks are made against the Panchayat, that too, without notice to them. The learned Single Judge observed that if at all the observations or remarks ought to have been removed, the appellant could seek deletion of the same before the Government and if only the Government refused the same that there arises any cause. So long as at the first instance the Panchayat has to move the Government for deletion of the observation so made and since that has not been done, the observation of the learned Single cannot be faulted. Of course, learned counsel for the appellant would submit that this is a Panchayat not ruled by the members belonging to party in Government. So no useful purpose will be served by directing the Government. In the factual situation, the first respondent Principal Secretary to the Local Self Government, is directed to consider, on a representation being made by the appellant herein, and to pass orders. WA 460/2010 2 If it is found that the observation contained in para 5 of the suspension order is unwarranted and he will order to delete the same. However, in case the first respondent decides otherwise, it is well open to the appellant to approach this court challenging the said order. In the result, the appeal is disposed of in the following terms. The appellant, along with a copy of this judgment, shall file a representation before the first respondent, who, after hearing the parties, will pass appropriate orders deleting the adverse comments contained in Para 5 of Ext.P1, if he is convinced that they are not warranted. In case he decides otherwise, he will pass a speaking order and communicate the same to the appellant. This may be done as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of the representation so made. The writ appeal is disposed of as above. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-