M PITCHAI Vs. EXECUTIVE OFFICER MOONGILANAI KAMATCHIAMMAN TEMPLE

JUDGEMENT

(1.) The appeal is against the judgment of the learned Single Judge, by which the writ petition filed by the appellant was dismissed.

(2.) In that writ petition, the petitioner who is an employee of the Arulmighu Moongilanai Kamakshi Amman Temple, Theni, had challenged the order dated 29.12.1999 by which he was put under suspension. This order was admittedly passed by the respondent / Executive Officer of that temple. This order was challenged by the original petitioner on the ground that the Executive Officer did not have any powers either to initiate departmental enquiry against the employee like the petitioner nor did he have any power to order the suspension. In that view, the suspension order being without authority was otiose and void ab initio.

(3.) This contention did not find favour with the learned Single Judge who, following his own judgment reported in 1999 (3) LW 349 ( NAGABUSHANAM D.K. -vs- COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT AND ANOTHER) came to the conclusion that if the said action taken by the Executive Officer is subsequently ratified by the trustees then, the said order would hold good. It is this judgment which is in challenge before us.