BALAN Vs. DIST PANCHAYAT OFFICER MALAPPURAM

JUDGEMENT

(1.) The petitioner was directly recruited to the category of Executive Officers of Panchayats more than a decade back: He has worked in various Panchayats. On 30-5 1974 he was transferred from Nediyiruppu Panchayat to Kattipparuthy Panchayat. In the Nediyiruppu Panchayat he had worked for about an year. He took charge in the Kattipparuthy Panchayat only on 12 7 1974. It is stated in the petition that he was able to take charge only on that day because the Executive Officer there was on medical leave The order of transfer has been marked in this case as Ext. P1. The petitioner has stated that though Ext. P1 states that the transfer of the petitioner and the then Executive Officer of the Kattipparuthy Panchayat is a mutual transfer this transfer was not on the request of the petitioner.

(2.) In the Kattipparuthy Panchayat, it is said, he had to take disciplinary action against the Office Head clerk for his alleged failure to carry out orders and also for alleged insubordination. The Head clerk was kept under suspension pending enquiry as per orders passed by the petitioner on 3 12 1974 He states that the next day after suspension order, the petitioner was served with an order of the District Panchayat Officer, Malappuram, transferring him to Kondotty Panchayat. That order of transfer is marked as Ext. P-2; there also, it is stated, it is a case of mutual transfer. Here again this was not a transfer on the request of the petitioner. On 5 12 1974 as directed in Ext. P-2 the petitioner gave charge to the Executive Officer, Irambliyam and joined duty at Kondotty, on 16 12 1974. The second respondent who was the then Executive Officer at Kondotty who had been transferred to Kattipparuthy entered on medical leave and did not take change at his new station According to the petitioner, the second respondent was trying to get this transfer order cancelled. The second respondent, after the expiry of the period of his medical leave which was till 31 12 1974 extended it upto 15-1-1975.

(3.) Within 20 days of the petitioner joining duty at Kondotty, a fresh transfer order dated 6 1 1975 was passed by the first respondent, transferring the petitioner to Kuzhimanna Panchayat and posting the second respondent to Kattipparuthy Panchayat, cancelling the earlier order Ext. P-2 by which the second respondent has been transferred to Kondotty Panchayat. It is stated in the Original Petition that no Executive Officer had till the date of filing of the petition posted to Kondotty Panchayat. The Executive Officer, Kuzhimanna Panchayat had entered on leave on 5 1 1975 and it is to his place the petitioner was posted.