V GOVINDASWAMI Vs. REVENUE DIVISIONAL OFFICER AND ANR

JUDGEMENT

(1.) The petitioner was appointed as a lower division clerk in the Polur Panchayat Union, North Arcot district, on 15th November, 1969, after having; been interviewed and selected by the appointment committee constituted under Section 53 of the Madras Panchayats Act, 1958 (hereinafter referred to as the Act). The post to which he was appointed was a permanent one but the appointment was made on a temporary basis. The Commissioner of the Panchayat, the second respondent, by proceedings, dated 8th April 1970, ousted the petitioner from service with immediate effect.. This petition is filed to quash the said, order.

(2.) The case of the respondents, the first respondent being the Revenue Divisional Officer, Timvannamalai, on whose instructions the second respondent, the Commissioner, issued the impugned proceeding is that the post should have been filled up by appointing a person belonging to scheduled caste or scheduled; tribe, according to the communal rotation, that the petitioner, not being a scheduled caste or scheduled tribe member was not eligible to be appointed and that,, therefore, when the mistake was noticed,, the first respondent issued instructions on the basis of which the second respondent passed the ousting order. It is, also contended that inismuch as the petitioner was appointed only on a temporary basis, he is not entitled to question the ousting order.

(3.) The point that arises for decision in this case is whether the second respondent was competent to issue the impugned order. A consideration of this question calls for an examination of certain provisions of the Act. The word "Commissioner" is defined in Section 2(5) as meaning the Commissioner of the Panchayat Union. Sections 44(4)(e) and 45 deal with the appointment and. ordinary and emergency powers of the Commissioner. Among the several duties which he has to discharge, one is to carry into effect the resolutions of the Panchayat Union Council. He is also required to control all the officers and servants of the Panchayat Union Council Section 44(4)(e). Section 45 confers certain emergency powers on the Commissioner. Section 61 confers power upon the Commissioner to punish officers and servants in the service of the Panchayat Union Council. Such powers include power of censure, fine, withholding of increment or promotion, suspension, removal and dismissal for any breach of the departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct. Section 53 provides for the constitution of an appointments committee for every panchayat union. Sub-Section 1(a) of that Section reads: