DISTRICT COLLECTOR Vs. B. MUJPHUR RAHMAN

JUDGEMENT

(1.) We have heard Mr.R.Baskaran, learned counsel appearing for the appellants and Mr.L.Prabhu, learned counsel appearing for the respondent.

(2.) This appeal filed by the District Collector, Ramanathapuram District and two others is directed against the order dated 20.11.2018 in W.P. (MD) No.2599 of 2009, filed by the respondent herein.

(3.) The said writ petition was filed challenging a resolution passed by the second appellant-Sembadayarkulam Panchayat, dated 18.02.2009, terminating the respondent from service as Panchayat Clerk. The writ petition was filed challenging the order of termination on the ground that it is total violation of principles of natural justice. As it could be seen from the material papers placed before us, the termination from service is based upon a resolution passed by the second appellant- Sembadayarkulam Panchayat, from which, we find that there is no reference to any charge memo issued to the respondent or any explanation called for and straight away the respondent has been terminated from service. Therefore, the learned Single Bench was rightly interfered with the order of termination and also denied a portion of the back-wages, because the writ petition was dismissed for default and restored only in the year 2013.