RAJI ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is aggrieved by Ext.P12 show cause notice, whereby petitioner has been directed to show cause why the appointment of the petitioner as a part time librarian in the Vellathooval Grama Panchayat, should not be cancelled on the ground that his appointment was on the basis of a bogus list purported to be from the employment exchange. According to the petitioner, petitioner's case was mixed up with some other cases, where on enquiry it was found that the employment exchange had not forwarded any list sponsoring candidates and the list forwarded was fabricated and bogus. PETITIONER submits that the list which was found to be bogus was purported to be signed by one M.K.Chellappan, by which name there was no employment officer. According to the petitioner, petitioner was appointed from a list sent by N.Jayaprakash, Employment Officer, Town Employment Exchange, Adimaly, which is Ext.P8. Therefore, according to the petitioner, petitioner's appointment cannot be interfered with on the ground that the appointment was based on a bogus list from the employment exchange. PETITIONER submits that he was constrained to challenge Ext.P12 although, it was a show cause notice, since in Ext.P11, the Panchayat Deputy Director has already directed the Secretary of the Grama Panchayat to terminate the services of the petitioner, after giving him a show cause notice. PETITIONER, therefore, seeks the following reliefs:

(2.) I have heard the learned Government Pleader also. I am of the opinion that the issue of show cause notice cannot be a mere formality. From Ext.P11, I find that the Panchayat Deputy Director has entered into a finding that the petitioner's case is similar to that of others who were found to be illegally appointed. In such circumstances, I am of the opinion that the Panchayat Deputy Director should first take a decision as to whether, petitioner's appointment was pursuant to a bogus list after hearing the petitioner. In the above circumstances, this writ petition is disposed of with the following directions: I. The 4th respondent shall forward a copy of Ext.P12 notice to the 3rd respondent. II. The petitioner shall file a detailed explanation to Ext.P12 before the 3rd respondent, producing a copy of this writ petition also which contains the documents relied on by the petitioner. III. The Panchayat Deputy Director shall consider whether the contention of the petitioner that the petitioner was appointed pursuant to a valid list forwarded by the concerned employment exchange, is correct or not and pass orders as to whether, the petitioner's contentions are correct. The petitioner shall file the explanation within two weeks and the Deputy Director shall pass orders thereon within a period of two months from the date when the Deputy Director receives copy of Ext.P12 notice from the Panchayat. In the meanwhile, further proceedings at the hands of the 4th respondent on Ext.P12 notice, shall be kept in abeyance.