LAWS(MAD)-2014-4-313

P THAMIL CHELVAN Vs. DISTRICT COLLECTOR; ASSISTANT DIRECTOR OF PANCHAYAT, DINDIGUL; PRESIDENT, A VELLODU VILLAGE PANCHAYAT

Decided On April 22, 2014
P Thamil Chelvan Appellant
V/S
District Collector; Assistant Director Of Panchayat, Dindigul; President, A Vellodu Village Panchayat Respondents

JUDGEMENT

(1.) The issue involved herein is whether the appellate authority can by acting as disciplinary authority, impose punishment on the petitioner.

(2.) The petitioner was appointed as Panchayat Assistant on 01.11.1996 and he was placed under suspension by issuing a charge memo dated 24.07.2002 containing seven charges regarding temporary mis-appropriation of Rs.3,500/- as well as non-collection of tax, rental income, water tax, extra. The petitioner submitted his explanation regarding the circumstances under which the amount was belatedly remitted and also explained the reason for non-collection with an undertaking to collect the arrears amount, as expeditiously as possible.

(3.) The charge memo was issued by the Assistant Director of Rural Development, Dindigul and the reading of the same shows that it was issued to the petitioner on behalf of the District Collector or Inspector of Village Panchayat. After receiving explanation, the impugned order came to be passed by the District Collector, thereby holding the charges proved against the petitioner and removing the petitioner from service. Aggrieved against the same, the petitioner preferred O.A.No.45 of 2003 before the Tamil Nadu Administrative Tribunal and the same was transferred to this Court and re-numbered as the present writ petition.