IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 35422 of 2009(W) ------------------------------------------ PETITIONER(S): ------------------------ ELSAMMA JOY, PARAYARUTHOTTATHIL (H), KALKANDY P.O., ATTAPADDY, PALAKKAD. BY ADV. MR.RAJESH NAMBIAR RESPONDENT(S): --------------------------- 1. BLOCK PROGRAMME OFFICER, NREGS, ATTAPPADDY BLOCK, AGALI P.O., PALAKKAD DISTRICT. 2. DISTRICT PROGRAMME CO-ORDINATOR, NREGS, PALAKKAD. 3. SECRETARY, AGALI GRAMA PANCHAYATH. R1 & R2 BY GOVERNMENT PLEADER MR. K.RAMESH R3 BY ADV. MR.JACOB SEBASTIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35422/2009 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDING DTD. 9/07/09 OF THE 1ST RESPONDENT. P2: COPY OF THE REPORT OF THE ENQUIRY COMMITTEE. P3: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DTD. 30/07/09. P4: COPY OF THE LETTER DTD. 17/08/09 FROM THE 2ND RESPONDENT. P5: COPY OF THE REPRESENTATION DTD. 6/10/09 SENT TO THE 2ND RESPONDENT. P6: COPY OF THE STATEMENT FILED BY THE CO-WORKERS BEFORE THE 2ND RESPONDENT. P7: COPY OF THE JUDGMENT DTD. 19/11/2009 IN WPC.NO.32891/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35422 OF 2009 --------------------------------------- Dated this the 5th day of March, 2010. J U D G M E N T The petitioner was employed under the Nation Rural Employment Guarantee (NREG) Scheme as a Mate in the construction of Chinnaparambu-Thrithamala Chalakkad Road which is in the 16th ward of Agali Grama Panchayath. By Exhibit P1, the Block Programme Officer directed the Secretary of the Grama Panchayath not to permit the petitioner to do the work until further communication is issued. 2. Based on the enquiry report Exhibit P2, Exhibit P3 order has been passed permanently prohibiting the petitioner from working as Mate under the Scheme. Aggrieved by the same, the petitioner has filed Exhibit P5 before the 2nd respondent. Failing to get any appropriate action on the same, the petitioner has filed this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader. There will be a direction to the W.P.(C) No.35422/2009 2 2nd respondent to take a decision on Exhibit P5, after hearing the petitioner and after conducting due enquiry, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance, before the 2nd respondent. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp