IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 19035 of 2008(N) ---------------------------------------- PETITIONER(S): ------------------------- 1. K.MANOJ, NOW WORKING AS VILLAGE OFFICER, MULAVUKAD, ERNAKULAM. 2. K.K.XAVIOR, U D CLERK, DISTRICT LOTTERY OFFICE, ERNAKULAM NORTH, ERNAKULAM. BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE KERALA NON GAZETTED OFFICERS ASSOCIATION, NGO BHAVAN, BAKERY JUNCTION, OPP RBI, PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS GENERAL SECRETARY K.V.MURALEEDHARAN. 4. SRI.KOTTATHALA MOHANAN, PRESIDENT, THE KERALA NON GAZETTED OFFICERS ASSOCIATION, NGO BHAVAN, BAKERY JUNCTION, OPP RBI, PALAYAM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. P.NANDAKUMAR FOR R1-2 ADV. SRI.BABU JOSEPH KURUVATHAZHA FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19035/2008 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVERNMENT ORDER NO.GO(MS) NO.242/76/PD DTD. 29/07/1976 GRANTING RECOGNITION. EXT.P2: COPY OF THE BYE-LAW OF THE ASSOCIATION. EXT.P3: COPY OF THE STATEMENTS OF ACCOUNTS OF THE KERALA NGO ASSOCIATION FROM 1/08/2002 TO 11/08/2003 FOR THE PERIOD 12/09/2004 TO 30/11/2005. EXT.P4: COPY OF THE AMENDED BYE-LAW OF THE ASSOCIATION. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DTD. 15/11/2007. EXT.P6: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT DTD.29/11/2007 IN WP(C) NO.34965/07. EXT.P7: COPY OF THE HEARING NOTICE DTD. 29/02/2008. EXT.P8; COPY OF THE HEARING NOTICE DTD. 3/05/08. EXT.P9: COPY OF THE LETTER ISSUED BY THE INFORMATION OFFICER DTD. 21/12/2007. EXT.P10: COPY OF THE POSTER PUBLISHED BY THE KERALA NGO ASSOCIATION DESCRIBING ABOUT A RECEPTION TO ITS STATE GENERAL SECRETARY. EXT.P11: COPY OF THE PROGRAM NOTICE OF THE NGO ASSOCIATION. EXT.P12: COPY OF LETTER PAD OF THE NGO ASSOCIATION WHEREIN JAMES SUNNY SHOWN AS STATE PRESIDENT. EXT.P13: COPY OF THE LETTER PAD OF THE NGO ASSOCIATION WHEREIN SOMANADHA PILLAI IS SHOWN AS STATE PRESIDENT. EXT.P14: COPY OF THE PETITION UNDER RIGHT TO INFORMATION ACT REGARDING THE FUNCTIONING OF THE 3RD RESPONDENT ASSOCIATION. EXT.P15: COPY OF THE REPLY FROM STATE PUBLIC INFORMATION OFFICER OF THE P & ARD DEPARTMENT DTD. 21/01/2008. Kss ..2/- ...2.... WPC.NO.19035/2008 N EXT.P16: COPY OF THE MALAYALA MANORAMA NEWS DAILY DTD.3/2/2008. EXT.P17: COPY OF THE ARGUMENT NOTE DTD. 14/03/2008. EXT.P18: COPY OF THE ORDER DTD. 10/06/2008 PASSED BY THE 2ND RESPONDENT. EXT.P19: COPY OF THE LETTER DTD. 16/09/2006 INVITING NGO ASSOCIATION FOR A DISCUSSION WITH GOVERNMENT. EXT.P20: COPY OF THE LETTER DTD. 17/01/2008 ISSUED BY EDUCATION DEPARTMENT. EXT.P21: COPY RECEIVED FROM THE GOVERNMENT. RESPONDENT'S ANNEXURE: ANNEXURE A1: COPY OF RECEIPT SHOWING PAYMENT OF POSTAL CHARGES FOR SPEED POST. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No.19035 of 2008 ====================================== Dated this the 24th day of October 2008 JUDGMENT Heard. Sri.C.S.Ajith Prakash, the learned counsel appearing for the petitioners, Sri.P.Nandakumar, the learned Government Pleader appearing for the official respondents and Sri.Babu Joseph Kuruvathazha, the learned counsel appearing for respondents 3 and 4. In this writ petition, the petitioners who are members of the third respondent Association challenge Ext.P18 order dated 10.6.2008 passed by the Secretary to Government, Personnel & Administrative (Reforms) Department. Ext.P18 order was passed on Ext.P5 representation dated 15.11.2007 pursuant to the directions issued by this Court in Ext.P6 judgment delivered on 29.11.2007 in W.P.(C)No.34965 of 2007. 2. The petitioners had earlier moved this Court by filing W.P.(C) No.34965 of 2007 with the grievance that though they have pointed violation of the Kerala Government Servants Conduct Rules, 1960 in the functioning of the third respondent Association, the Government is not taking steps to enquire in to the said complaint. Taking note of the said submission and the W.P.(C)No.19035/2008 2 fact that the petitioners have raised substantial contentions in the representations filed before the Government, this Court by Ext.P6 judgment directed the State Government to consider the said representation in the light of the provisions contained in the Kerala Government Servants Conduct Rules 1960 and take a decision thereon after hearing the petitioners and representatives of the third respondent Association. Ext.P18 is the outcome of such an exercise. 3. The petitioners contend that the third respondent Association is collecting funds from the public without the permission of the Government and that it amounts to violation of Rule 77(b)(8) of the Government Servants Conduct Rules. Yet another contention raised is that the byelaws of the Association have been substantially amended without the previous approval of the Government thereby violating Rule 77(b) (9) of the aforesaid rules. It was in the context of the statutory violations pointed out by the petitioners that this Court in Ext.P6 judgment directed the State Government to consider the representation submitted by them in the light of the rules governing the same. Along with Ext.P6 representation, the petitioners had also produced evidence in support of their contention that the Association is collecting money from the public without the prior sanction of the Government and that amendments of a substantial nature have W.P.(C)No.19035/2008 3 been made to the rules of the Association without the prior approval of the Government. These aspects were also highlighted in Ext.P17 argument notes submitted by the petitioners at the hearing. 3. I have gone through Ext.P18. Apart from stating that it has not been proved that the third respondent Association is collecting funds from the public, Ext.P18 does not disclose that the documentary evidence produced by the petitioners along with Ext.P5 representation and referred to by them in Ext.P17 argument notes, have been taken note of or considered. The complaint of the petitioners that the byelaws have been substantially amended without prior Government approval, has not even been adverted to. A reading of Ext.P18 indicates that the direction issued by this Court in Ext.P6 judgment, to consider the grievance voiced by the petitioners in the light of the relevant statutory provisions, does not appear to have been complied with. I am therefore of the opinion that Ext.P18 cannot be sustained. In the result, the Writ Petition is allowed. Ext.P18 is quashed and the second respondent is directed to reconsider the issue and pass a fresh order after notice to and affording the petitioners and a representative of the third respondent Association an opportunity of being heard. The petitioners and the representative of the third respondent shall be heard in the W.P.(C)No.19035/2008 4 presence of each other and if argument notes are submitted, the Secretary shall ensure that the copy is served on the other side. The second respondent shall pass an order adverting to the various contentions raised by the petitioner, with reference to the relevant provisions contained in the Kerala Government Servants Conduct Rules, 1960. The Secretary shall while passing revised orders also consider the statement made in Ext.P15 letter dated 21.1.2008 issued by the State Public Information Officer that the Kerala NGO Association of which the 4th respondent is the President, has not been recognized by the State Government. Revised orders in the matter shall be passed within three months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE css/