S. SELVARANI SRIDEVI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner claims to be the President of Theethampatti Panchayat, Kayathar Panchayat Union, Thoothukudi District. Previously also, she was the President of the said Panchayat. The third respondent was working as Panchayat Clerk. The Panchayat, by a Resolution dated 02.12.2006, dismissed the third respondent from service on certain allegations. Challenging the same, the third respondent filed a writ petition before this Court in W.P. (MD). No. 1834 of 2007. By order dated 15.11.2007, this Court held that no enquiry was held and hence there was violation of principles of natural justice and therefore, the order of dismissal was not sustainable. Accordingly, this Court allowed the writ petition and set aside the order of dismissal, however, giving liberty to the Panchayat to proceed with the disciplinary proceedings in accordance with law, based on the charge memorandum issued to the third respondent on 08.11.2006.

(2.) IN pursuance of the same, the Panchayat called the third respondent to submit her explanation for the charge memorandum, which she had promptly did. But without appointing an Enquiry Officer and without conducting enquiry, the Panchayat Board called the third respondent and directly enquired her. She gave a written explanation again denying the charges. The Panchayat Board considered the explanation and passed a Resolution on 22.08.2008, dismissing the third respondent from service.

(3.) THE District Collector, Thoothukudi, by his Proceedings in No. U. Ni. 7/7410/2007 dated 20.02.2009, dismissed the said appeal, thereby confirming the order of the Block Development Officer. However, in the order, an observation has been made that lesser punishment could be imposed on the third respondent. Challenging the said order, the petitioner is before this Court with this writ petition.