Ombudsman For Local Self Government Institutions Can't Entertain Complaints Against Village Officer: Kerala High Court
The Kerala High Court recently held that a complaint against a Village Officer cannot be entertained before the Ombudsman for Local Self Government Institutions.Justice P.V. Kunhikrishnan was considering a plea preferred by a Village Officer aggrieved by the proceedings pending against him before the Ombudsman that was initiated on the basis of a complaint.The Court referred to the definitions...
The Kerala High Court recently held that a complaint against a Village Officer cannot be entertained before the Ombudsman for Local Self Government Institutions.
Justice P.V. Kunhikrishnan was considering a plea preferred by a Village Officer aggrieved by the proceedings pending against him before the Ombudsman that was initiated on the basis of a complaint.
The Court referred to the definitions of complaint and public servant as per Sections 271F(c) and (g) and the scope of the Ombudsman's functions under 271J of the Kerala Panchayat Raj Act, 1994.
He observed that a Village Officer does not fall within the definition of 'Public Servant' as per Section 271F(g) and as per Section 271J, the Ombudsman can entertain a complaint only against a public servant. Therefore, it was held that complaints against Village Officers cannot be adjudicated by the Ombudsman.
“public servant means any employee or officer under the Local Self Government Institutions, or an elected member of the Local Self Government Institutions, including the President/Chairperson and includes an employee or officer of any office or institution transferred to the Local Self Government Institution under the provisions of the Act. Admittedly, the petitioner is a Village Officer. He will not come in any of the categories mentioned in Section 271F(g) of the Act… In the light of the definition clause of the 'Public Servant' and 'complaint' and also in the light of Sec.271J of the Act, I am of the considered opinion that a complaint against a Village Officer will not stand before the Ombudsman for Local Self Government Institutions,” the Court opined.
Holding as above, the Court allowed the writ petition and quashed the proceedings against the petitioner pending before the Ombudsman. However, it was clarified that the proceedings against the other respondents in the complaint can be conducted by the Ombudsman in accordance with law.
Case No: WP(C) No. 15062 of 2025
Case Title: Saheer v. The Ombudsman for Local Self Government and Anr.
Citation: 2026 LiveLaw (Ker) 135
Counsel for the petitioner: Santhosh P. Poduval, R. Rajitha, Chithra S. Babu
Counsel for the respondents: K. Shaj, Beena N. Kartha. Arun Chand, Bharat Vijay P., Kevin James, Minu Vittorria Paulson, Saumya P.S., Gopika Gopal, Archana P.P., Ren Shibu, Shehroon Patel A.K., K.J. Shenoy – Government Pleader