IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 1853 of 2009(U) --------------------------------------- PETITIONER(S): ------------------------ A.LEELA, SPL. GRADE SECRETARY, ALAKKODE GRAMA PANCHAYAT, PO ALAKKODE. BY ADVS. MR.V.C.JAMES, MR.GEORGE MECHERIL RESPONDENT(S): ----------------------------- 1. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, KANNUR. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. ANTONY MUKKATHU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1853/2009 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NEWS ITEM APPEARED IN THE DESABHIMANI DAILY DTD. 19/12/2008. EXT.P2: COPY OF SHOW CAUSE NOTICE DTD. 20/12/2008. EXT.P3: COPY OF OBJECTION FILED ON 20/12/2008. EXT.P4: COPY OF AUTHORISATION. EXT..P5: COPY OF STATEMENT GIVEN TO THE DEPUTY DIRECTOR ON 1/1/2009. EXT.P6: COPY OF NEWS ITEM APPEARED IN THE DESABHIMANI DAILY DTD. 15/01/2009. EXT.P7: COPY OF REPORT NO.H-9736/2008 DTD. 06/01/2009. EXT.P8: COPY OF ORDER NO.G.O.(RT) NO.128/09/LSGD/TVM. DTD. 14/01/2009. EXT.P9: COPY OF ENQUIRY REPORT OF THE TAHSILDAR SUBMITTED TO THE DISTRICT COLLECTOR ON 24/01/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 1853 of 2009 --------------------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT Aggrieved by the order of suspension Ext.P8, the petitioner has filed this writ petition on various grounds. She was working as the Special Grade Secretary of the Alakkode Special Grade Panchayat in Kannur District. A reading of Ext.P8 shows that the same is based on a report dated 6.1.2009 of the Deputy Director of Panchayat, Kannur. 2. The allegations which led to the order of suspension are related to the issuance of residence certificates to certain persons to get enrolled as voters in the limits of Alakkode Panchayat. Mainly, it was alleged that the Secretary of the Alakkode Grama Panchayat had issued unfilled residential certificates to certain persons leading to irregularities in the enrolment of voters. Earlier the petitioner was issued Ext.P2 show cause notice by the District Collector directing her to show cause why action should not be taken against her. In Ext.P3, the petitioner denied any complicity in the matter. The allegation that un filled residential certificates were distributed with her signature was specifically denied. The petitioner has got a case that on 18.12.2008, that she was not there in the office also. Ext.P5 is a statement filed by the petitioners to the Deputy Director of Panchayat. wpc:1853 of 2009 2 3. The report mentioned in Ext.P8 has been produced as Ext.P7. In the operative portion of Ext.P7 the Deputy Director had made it clear that an enquiry is being conducted through the Tahsildar, Thalipparamba as to the genuineness of the certificates which have been appended to the application for enrolment of the voters. 4. The petitioner has produced along with I.A.No.1600 of 2009, the report of Tahsildar, Thalipparamba dated 24.01.2009 which is seen submitted to the District Collector after the said enquiry. The report shows that enquiries were conducted through the Village Officer about the genuineness of the certificates and it is found that 179 persons are residents of the Alakkode Village and they have been included in the voters list as per the report of the Village Officer. The learned counsel for the petitioner submits that Ext.P9 will reveal that there is no basis regarding the allegations raised by the petitioner. It is therefore, prayed that the petitioner may be ordered to be reinstated in service. 5. The order Ext.P8 is issued based on the findings contained in the report of the Deputy Director of Panchayat, Kannur. In view of the subsequent report dated 24.01.2009 of the Tahsildar, Thalipparamba produced as Ext.P9, there will be a direction to the first respondent to consider the request of the petitioner to revoke the suspension based on the new materials that is available. The wpc:1853 of 2009 3 petitioner shall produce a copy of Ext.P9 along with a copy of this judgment by way of a representation before the third respondent. The third respondent will pass appropriate orders on the said representation to revoke the suspension, within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps