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WP(C).No.31735 of 2014

9. Though the 2nd respondent dismissed the appeal filed by the 4th respondent against denial of information, on the ground of delay, the 1st respondent entertained a second appeal by the 4th respondent. A hearing was conducted by the 1st respondent on 10.10.2013, which is after more than two years from the date on which the petitioner was transferred out of Kadinamkulam Grama Panchayat. After hearing the then Secretary to the Grama Panchayat, the 1st respondent ordered disciplinary proceedings against the petitioner, invoking Section 20(2) of the Act. The 1st respondent is a statutory functionary under the Act and when a statutory functionary discharged a statutory function, and that too, ordering penal proceedings against a government servant, it is expected and necessary that the concerned individual officer, against whom penal proceedings are proposed, is given an opportunity of hearing and heard in person. It will not meet the ends of justice if a subsequent incumbent to the post is given opportunity of hearing. The 1st respondent has not given notice to the petitioner before passing an order in the nature of Ext.P6 ordering penal proceedings against the petitioner.