Philip Vs State of Kerala and Others

High Court Of Kerala 4 Mar 1959 O.P. No. 128 of 1958 (1959) KLJ 559
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

O.P. No. 128 of 1958

Hon'ble Bench

M.S. Menon, J

Advocates

K.K. Mathew, George Vadakkel and N.K. Job, for the Appellant; Henry Austin for 4th Respondent, for the Respondent

Final Decision

Allowed

Acts Referred

Travancore-Cochin Panchayat Act, 1950 — Section 115(2)

Judgement Text

Translate:

M.S. Menon, J.@mdashThe petitioner was a clerk of the Paippad Panchayat. He was relieved from his duties by Ext. P. 1, an order of the

Executive Authority of the said Panchayat dated 5-2-1958. That order reads as follows:

Pursuant to the G.P. presented to me to-day (G.P. No. D. Dis. 6890/57/L and LAD dated 17-1-58) at 11 A.M. by the President of this

Panchayat, I relieve you from your duties in the Paippad Panchayat with effect from 11 A.M., 3-2-1958.

It is clear from the order that it is solely based on the G.P. mentioned in the order. The Government do not appear to have any right to direct the

termination of the services of the petitioner either under the Travancore-Cochin Panchayats Act, 1950, or the Rules framed thereunder.

2. Section 115 (2) of the Act to which my attention has been drawn confers only an appellate power on the Government. It reads as follows:

Any person aggrieved by any notice or order issued or passed by or by any other act of a Panchayat or its Executive Authority under this Act may

appeal to the Director and an appeal against the orders of the Director shall lie to Government. The appellate authority may pass such orders on

the appeal as it deems fit and pending decision, may direct the Panchayat, the Executive Authority or the Director, as the case may be, to keep the

proceedings in abeyance.

3. Reliance was placed by the Government Pleader on Explanation 2 to Rule 27 of the Panchayat Establishment Rules, 1955. The Explanation

relates only to the discharge or reversion to a lower post ""of any person officiating in any post"" and has no application to the case of the petitioner.

It follows that this petition has to be allowed and I do so, though in the circumstances of the case without any order as to costs.