PRESIDENT MARAKKATHUR VILLAGE PANCHAYAT Vs. R CHANDRASEKAR

JUDGEMENT

(1.) This Writ Appeal is filed as against the order dated 22.04.2010 passed in Writ Petition No.8602 of 2006, wherein setting aside the order of dismissal passed by the President of the Village Panchayat as well as the District Collector, this Court has ordered for re-instatement of the Writ Petitioner.

(2.) According to the learned counsel appearing for the appellant, though no enquiry was conducted by the Village President before passing the order of dismissal from service, the District Collector called for the records and after conducting enquiry and providing an opportunity to the Writ Petitioner, confirmed the order of the Village President and that apart, the Writ Petition has been allowed relying on a Government Order issued in G.O.Ms.No.175, Rural Development and Panchayat Department dated 05.12.2006. According to the learned counsel for the appellant, as far as this Government Order is concerned, this came into effect on 05.12.2006, whereas, the impugned order of dismissal has been passed on 06.09.2006, i.e. prior to G.O.Ms.175, Rural Development and Panchayat Department dated 05.12.2006 and consequently, relying on this Government Order, which has been issued subsequent to the impugned order of dismissal, the order passed in the said Writ Petition is unsustainable and the same has to be set aside. Apart from this, according to the learned counsel, as per Sections 201 and 202 of the Tamil Nadu Panchayats Act, 1994, the Collector can call for the records and verify the entire files and pass orders. Basing on this also, according to the learned counsel, the order of the learned Single Judge has to be set aside.

(3.) But, a perusal of the order passed by the learned Single Judge reveals that the order of dismissal from service has been set aside not only relying on G.O.Ms.175, Rural Development and Panchayat Department dated 05.12.2006, but also on the ground that as per the Act, the Village President has to pass orders, but, the District Collector, assuming the role of the Executive Authority, has passed the order by conducting enquiry and confirmed the order of the Village President.