K V MATHAI Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) The writ applicant is a peon attached to the Kottangal Panchayat. By Ext. P1 order passed by the Panchayat Officer he was dismissed from service for alleged misconduct. At that time, it appears, the Panchayat was not functioning and his appeal to the Panchayat therefore remained unattended to. He made representations to the Deputy Director of Panchayats as well as the Director of Panchayats and by Ext. P2, an order passed by the Deputy Director of Panchayats the Special Officer for this Panchayat was directed to deal with the appeal. That officer by Ext. P3 order allowed that appeal and set aside the order of dismissal. The only direction in that order is that if it is found that any amount has been misappropriated, the petitioner may be directed to make good that amount. This order passed by the special officer for the Panchayat has been stayed by the Director of Panchayats. It is seen from Ext. P5, a communication addressed to the petitioner by the Executive Officer of the Panchayat that the Director of Panchayats had passed an order on 7-2-1963 and that by that order the operation of Ext. P3 has been kept in abeyance and consequential orders passed pursuant to Ext. P 3 have been cancelled. This order of the Director of Panchayats dated 7-2-1963 has been placed before me by the Government Pleader and reads as follows:-

(2.) The order referred to by the Director of Panchayats and read before passing that order is the one dated 31-1-1963 which is Ext. P3 in these proceedings.

(3.) Counsel on behalf of the petitioner has questioned the jurisdiction of the Director of Panchayats to pass the above order. By virtue of S.13 of the Kerala Panchayats Act 32 of 1960 reading as under,