S PARAMESWARI Vs. A DEVIDAS

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned counsel appearing for the first respondent.

(2.) PETITIONERS were the elected members of the third respondent Panchayat. It appears that pursuant to a resolution passed as provided under Section 179(4) of the Kerala Panchayat Raj Act, the Secretary was transferred by an order issued by the Government of Kerala. However, subsequently based on Ext.P2, a report submitted pursuant to the orders passed by the Deputy Director, transfer order was cancelled.

(3.) TRUE as contended by the learned counsel for the first respondent, an opportunity to show cause is given to the petitioners in Ext.P13 order. However, it is to be noticed that in Ext.P13 itself, adverse findings have already been entered into. Therefore, petitioners are well found in their apprehension that even if they show cause in the matter, that will virtually be an empty formality. In such circumstances, I am unable to sustain Ext.P13 to the extent findings have been entered into against the petitioners and the President.