IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17011 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ 1. JOBIN BERNARD, AGED 33, S/O.K.V.BERNARD, OVERSEER, KOTTATHARA GRAMA PANCHAYATH, KOTTATHARA, RESIDING AT KATTARATH HOUSE, KARAKKAMALA P.O., MANANTHAVADY, WAYANAD, PIN-670 645. 2. RATHEESH.S., AGED 29, S/O.M.P.SREEDHARAN, OVERSEER, KOTTATHARA GRAMA PANCHAYATH, KOTTATHARA, RESIDING AT ASHWATHY NIVAS, PALLIKKUNNU P.O., KALPETTA, PIN-673 121. 3. SUJA.T.B., AGED 33, W/O.AJAYAKUMAR.K.G., ACCOUNTANT CUM DATA ENTRY OPERATOR, KOTTATHARA GRAMA PANCHAYATH, KOTTATHARA, RESIDING AT KUNNATHUKUDI HOUSE, PULPILLY, WAYANAD. BY ADV. SRI.P.K.IBRAHIM RESPONDENT(S): --------------------------- 1. THE KOTTATHARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOTTATHARA.PIN-673 121 2. DISTRICT COLLECTOR/DISTRICT PROGRAM CO-ORDINATOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, WAYANAD, CIVIL STATION, KALPETTA.PIN-673 121 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT (DD) DEPARTMENT, THIRUVANANTHAPURAM.PIN-695 001 R2 & R3 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17011/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GOVERNMENT ORDER G.O.(MS)48/2006/LSGD DATED 31/1/2006. P2 COPY OF THE CONTRACT RENEWED BY THE 1ST PETITIONER ON 01/4/2011. P3 COPY OF THE CONTRACT RENEWED BY THE 3RD PETITIONER ON 01/4/2011. P4 COPY OF THE CONTRACT RENEWED BY THE 2ND PETITIONER ON 01/4/2011. P5 COPY OF THE COMMUNICATION DATED 18/5/2011. P6 COPY OF THE COMMUNICATION BY THE MISSION DIRECTOR TO THE 2ND RESPONDENT DATED 2/6/2011. P7 COPY OF THE COMMUNICATION ADDRESSED 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 17/6/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. --------------------------------------- W.P.(C) No. 17011 of 2011 --------------------------------------- Dated this the 24th day of June 2011. JUDGMENT Petitioners, employees of the Kottathara Grama Panchayat, are aggrieved by Exts.P5 & P7 communications proposing to terminate their service on alleged irregularities in respect of implementation of a Scheme of the Panchayat. Petitioners apprehend termination from service pursuant to Exts.P5 and P7, without an opportunity to explain their position in the matter. 2. I have heard the Government Pleader also. 3. I do not think that the respondents being responsible officers of the Government would take action pursuant to Exts. P5 and P7 without complying with the principles of natural justice. Principles of W.P.(C) No.17011 of 2011 2 natural justice postulate a notice, opportunity to file explanation, a hearing, etc as provided under the rules. In the above circumstances, this writ petition is disposed of holding that further action pursuant to Exts.P5 and P7 shall be only after complying with the principles of natural justice as well as the procedure prescribed by law. S.SIRI JAGAN JUDGE al