JANCY KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is working as Part Time Librarian under the 4th respondent Panchayat, has filed this writ petition, challenging Ext.P2 order, by which the President of the Panchayat placed him under suspension and Ext.P6 order issued thereafter by the Secretary, by which he was placed under suspension for another 6 months.

(2.) According to the petitioner, the suspension was not ratified in the next meeting and the proviso to Section 156 (6) (b) of the Kerala Panchayat Raj Act, provides that the suspension, if it is ordered by the President, shall be ratified in the next meeting. Petitioner submits that next meeting was held on 29.07.2017. But in that meeting, the case of suspension of petitioner, was not placed for ratification. It was ratified only in the next meeting held on 08.08.2017. Thereafter, Ext.P6 order was passed on 08.08.2017 by the Secretary of the Panchayat placing her under suspension for another period of 6 months.

(3.) Respondents have filed a statement and additional statement. According to the respondents, the meeting held on 29.07.2017 was a specially convened meeting, in order to consider the publication of the beneficiary list and no other matter was considered in that special meeting. Only a general meeting was conducted on 08.08.2017, after the petitioner was placed under suspension.