IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 4412 of 2009(A) ------------------------- PETITIONER: --------------- T.N. BHADRAN, JUNIOR SUPERINTENDENT, PANCHAYAT ASSISTANT DIRECTOR OFFICE, ANCHAL UNIT, KOLLAM. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: --------------- 1. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUTION BUREAU, PATHANAMTHITTA. 4. THE STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRTARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.4412 of 2009 -------------------------- Dated this the 2nd March,2009 J U D G M E N T The petitioner was working as Secretary of Pallckal Grama Panchayat from 12.7.2002 after being promoted to that cadre. During his tenure in the said Panchayat, the renovation work of Arattuchira Project was conducted and the estimate cost was Rs.30,00,000/-. The work was entrusted to the Beneficiary Committee and Convenor of the Committee had executed an agreement for performing the said work. The contribution by the Panchayat was Rs.5,50,000/- and balance required was Rs.24,50,000/-. As per the S.G.R.Y Scheme, the District Collector, Pathanamthitta had allotted 297.90 quintal food grains worth Rs.18,42,582/-. Therefore, the balance amount of Rs.6,07,418/- had to be raised by donation from the beneficiaries of the project. This was approved by the Committee of the Panchayat also. 2. It appears that there were some complaints W.P ( C) No.4412 of 2009 2 regarding the delay in completion of the work and in regard to the disposal of food grains. The complaint, it appears, had been entrusted to the vigilance wing ( 2nd respondent), who had conducted an enquiry in the matter. Exhibit-P2 is the statement submitted by the President of the Panchayat to the Vigilance Department, in effect denying any misappropriation on the part of the petitioner herein. 3. He was transferred out from the Panchayat on 1.1.2005 as per Exhibit-P3 order. The Committee of the Panchayat has also passed Exhibit-P4 resolution recommending the Government to drop the vigilance case initiated against the petitioner. But the Vigilance Department has registered a case as VC No.2/09/PTA. According to the petitioner, the same is without any justification. 4. Apprehending further action in the matter, he has approached this Court by filing this writ petition. 5. Learned Government Pleader on instructions, submitted that already a vigilance case has been registered W.P ( C) No.4412 of 2009 3 in which he is the first accused and the 2nd respondent has recommended the suspension of the petitioner from service. It is therefore submitted that the writ petition at this stage is not maintainable. 6. Learned counsel for the petitioner submitted that he is not at all working the said Panchayat and is working as Junior Superintendent at Anchal in Kollam district. Therefore, even if a vigilance case is registered the suspension of the petitioner is not automatic. It is submitted that he has filed Exhibit-P5 representation before respondents 1 and 2 wherein he has explained the details of the matter and has pleaded his innocence also. He has sought for a direction not to place him under suspension under Exhibit-P5. 7. Whether the petitioner is liable or not etc are not matters to be considered by this Court at this stage. Since he has filed Exhibit-P5 representation before respondents 1 and 2 it is up to them to take a decision in accordance with law. W.P ( C) No.4412 of 2009 4 8. Therefore, there will be a direction to the 1st respondent to consider Exhibit-P5 in accordance with law and communicate the decision therein to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.4412 of 2009 5 W.P ( C) No.4412 of 2009 6