C SHAJU Vs. DISTRICT COLLECTOR COIMBATORE DISTRICT

JUDGEMENT

(1.) BY order, dated 16.7.2009, the District Collector, Coimbatore, first respondent here in suspended the petitioner for certain irregularities, during the inspection conducted on 8.5.2009.

(2.) THE said order is assailed mainly on the ground that the District Collector has no authority to take disciplinary proceedings against the Village Panchayat Assistant, as per G.O. Ms. No. 175, dated 5.12.2006. According to the petitioner, only the Village Panchayat President is the competent authority to pass an order of suspension. He further submitted that the District Collector, being the Inspector of Panchayat, is the second appellate authority, under the above said Government Order and therefore, the impugned order lacks jurisdiction.

(3.) LEARNED Additional Government Pleader further submitted that though, as per G.O. (Ms) No. 175, RD & PR (E5), dated 5.12.2006, the Panchayat President and the Block Development Officer are the disciplinary and appellate authorities respectively, the District Collector, is also the competent authority to take disciplinary proceedings on the petitioner, as per Section 106 of the Tamil Nadu Panchayat Act, 1994. He further submitted that the power of the District Collector, has been confirmed by this Court, in an unreported judgment in W.P. No. 22826 of 2007, dated 29.1.2008 Selvi. R. Shyni v. District Collector, Nilgiris. He therefore submitted that there is no illegality or impropriety in the impugned order of suspension and prayed to sustain the same.