A.Leela vs The State Of Kerala on 22 June, 2009

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Kerala High Court

A.Leela vs The State Of Kerala on 22 June, 2009

Bench: P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15329 of 2009(I)


1. A.LEELA,W/O.V.BALAN,AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PANCHAYATHS,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :22/06/2009

 O R D E R
                               P.N.RAVINDRAN, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                        W.P.(C) No. 15329 of 2009- I
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                   Dated this the 22nd day of June, 2009

                                JUDGMENT

Heard Sri. V.A. Muhammed, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents.

2. The petitioner was the Special Grade Secretary of Alakkode Grama Panchayat in Kannur District. In connection with the issuance of 143 residential certificates, she was placed under suspension by Ext.P1 order dated 14-1-2009 passed by the Government. Later, on the petitioner's representation, by Ext.P8 order dated 19-5-2009 the Government ordered her reinstatement in service. However, in view of the fact that the enquiry into the irregularities committed in the issuance of the residential certificates is in progress, the Government ordered that she could not be posted in Kannur District. Ext.P8 to the extent it directs that the petitioner should not be posted in Kannur District is under challenge in this writ petition wherein the petitioner seeks a writ in the nature of mandamus commanding the respondents to post her in Kannur District. W.P.(C) No. 15329/09 2

3. As directed by this Court, the learned Government Pleader made available to a copy of the report dated 6-1-2009 referred to in Ext.P1 and also a clear copy of Ext.P2. From the report submitted by the Deputy Director of Panchayaths, Kannur it is evident that there were large scale irregularities in the issue of residential certificates and that the procedure prescribed for the same was not followed.

In my opinion, in the light of the clear findings in the report dated 6- 1-2009 submitted by the Deputy Director of Panchayaths, the Government was justified in directing that the petitioner should not be reposted in Kannur district, though the Government was inclined to revoke the order placing her under suspension. The authorities at the highest level of the Government have decided that in public interest the petitioner should not be posted in Kannur district. On the facts disclosed in the preliminary enquiry which is referred to in detail in the report submitted by the Director of Panchayat to the Government, I am of the opinion that the stand taken in Ext.P8 cannot be said to be arbitrary The writ petition fails and is accordingly dismissed.

P.N.RAVINDRAN, JUDGE.

mn.

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