Judgment :- 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: "The order of the Special Officer, Kottangal Panchayat read above is stayed. The Executive Officer, Kottangal Panchayat is directed not to give effect to the above order until further intimation." 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, "13. Appointment of an Administrative Committee or a Special Officer when a Panchayat cannot be constituted. (1) If the Government are satisfied that a Panchayat cannot be constituted by reason of difficulty in holding an election of the members of a Panchayat or failure to elect such members of a Panchayat the Government shall, by notification, either (a) appoint an Administrative Committee and a President thereof, or (b) appoint a Special Officer.
(1) If the Government are satisfied that a Panchayat cannot be constituted by reason of difficulty in holding an election of the members of a Panchayat or failure to elect such members of a Panchayat the Government shall, by notification, either (a) appoint an Administrative Committee and a President thereof, or (b) appoint a Special Officer. (2) The President and members of an Administrative Committee or the Special Officer shall hold office for such period as the Government may specify in the notification under sub-s (1). (3) The Government may, at any time by notification in the Gazette, curtail or extend the period of appointment made under clause (a) or clause (b) of sub-section (1). (4) On the appointment of an Administrative Committee or the Special Officer under sub-section (1), all powers, functions and duties of the Panchayat and of the President shall be exercised and performed by such Administrative Committee and its president respectively or by the Special Officer, as the case may be. (5) The Administrative Committee or the Special Officer shall be deemed to be a duly constituted Panchayat for the purpose of this Act. (6) Notwithstanding anything contained in S.11, the Government, may at any time during which an appointment of an Administrative Committee or a Special Officer is in force direct an election to the Panchayat to be held. Upon the issue of such direction, the election authority shall hold election to that Panchayat as if it were an ordinary election." a Special Officer can be appointed for a Panchayat in circumstances similar to those that existed in this Panchayat. It appears that the Officer who passed Ext. P3 order was so appointed. He was therefore competent to deal with the appeal taken before the Panchayat, for, the powers of the Panchayat are vested in that Officer by virtue of S.13 which I have extracted above. It is equally clear that the Director is not a statutory authority who has either appellate or revisional jurisdiction under the Act. No doubt the Government is a revisional authority as is clear from S.144 (3). It is also clear that the powers of the Government can be delegated to the Director under S.144(3)(ii). Yesterday I requested the Government Pleader to ascertain whether there has been any such authorisation empowering the Director of Panchayats to deal with revisions. I am informed that there is no such authorisation. 4.
It is also clear that the powers of the Government can be delegated to the Director under S.144(3)(ii). Yesterday I requested the Government Pleader to ascertain whether there has been any such authorisation empowering the Director of Panchayats to deal with revisions. I am informed that there is no such authorisation. 4. In the light of the above, it is clear that the Director of Panchayats has acted without jurisdiction. The order Ext. P5 therefore must be cancelled. I quash the order dated 7-2-1963, Ext. P5, and the consequential orders passed by the Executive Officer of the Panchayat. The petitioner will be reinstated in service as directed by the Special Officer in Ext. P3. 5. This writ application is disposed of as above. There will be no order as to costs. Allowed.