E GANESAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE present writ petition is directed against the impugned order passed by the 3rd respondent in Na.Ka.1/2009, dated 26.04.2010 and quash the same with a further direction to the respondents to reinstate the petitioner into service with all monetary benefits including the salary from March, 2007.

(2.) LEARNED counsel appearing for the petitioner submitted that the petitioner was appointed as Panchayat Clerk by proceedings dated 05.05.1999. During the local body elections took place in October, 2006, one Sripathi belonging to BC community was elected as President of the Panchayat. Since the petitioner belongs to SC community, he started to ill-treat the petitioner by stating one reason or other and as a result, the salary payable to the petitioner from March, 2007 was not paid, though he was continuously working and discharging his duties as Panchayat Clerk. In view of distrained relationship between the petitioner and the 3rd respondent, he was placed under suspension on 11.06.2008, on the basis of the complaint given by the 3rd respondent and subsequently, he was dismissed from service.

(3.) THOUGH, in reply, the learned counsel appearing for the respondents submitted that the petitioner has not till date submitted his written explanation and therefore, the 3rd respondent was constrained to pass the impugned order, the above submission made by the learned counsel for the respondents does not carry any merit, for the simple reason that the 3rd respondent should have atleast held a proper enquiry, after receiving the explanation from the petitioner. Even if the petitioner failed to submit his explanation, the 3rd respondent could have conducted an exparte enquiry and thereafter should have passed an order. That apart, the 3rd respondent has not only deliberately violated the G.O.Ms.No.175, dated 05.12.2006, but also violated the order passed by this Court in W.P.No.25017/2009, dated 24.02.2010, therefore, I am inclined to set aside the impugned order by directing the 3rd respondent to proceed in accordance with said GO and pass further orders after holding proper enquiry. Accordingly, the petitioner is directed to submit his explanation within a period of two weeks from the date of receipt of a copy of this order and thereafter, after receipt of the explanation, the 3rd respondent is directed to proceed in accordance with the said GO as well as earlier order passed by this Court in W.P.No.25017/2009, dated 24.02.2010. Further, the respondents are directed to clear all the subsistence allowance within a period of two weeks from the date of receipt of a copy of this order.