M KESAVARAM Vs. DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL; BLOCK DEVELOPMENT OFFICER (PANCHAYAT), DINDIGUL; PRESIDENT, PALLAPPATTU VILLAGE PANCHAYAT DINDIGUL PANCHAYAT UNION

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 29.1.2001. While working so, he was placed under suspension by issuing charge memo dated 5.9.2002, containing 10 charges, relating to procedural irregularities in the matter of placing orders and supply of goods and for not properly maintaining the accounts and records of Pallapattu Village Panchayat. The charge memo was issued by the Assistant Director of Rural Development (Panchayats), Dindigul on behalf of the District Collector or the Inspector of Village Panchayat. The petitioner submitted his explanation. After receiving explanation, and after appointment of Enquiry officer, the impugned order came to be passed by the District collector, without holding any enquiry in the manner known to law. As per the impugned order, the charges framed against the petitioner, were held to be proved against the petitioner and the petitioner was dismissed from service. Aggrieved against the same, the petitioner filed OA.640/2004 and the same was thereafter transferred to this Court and renumbered as the present writ petition.

(3.) The learned counsel for the petitioner would challenge the propriety, validity and correctness of the impugned order of removal passed by the first respondent solely on the ground that the District Collector has no authority to pass one such order. The learned counsel for the petitioner argued so by relying on Sections 83, 84, 106, 199 202 and 204 of the Tamil Nadu Panchayats Act. Section 83 provides that the Government may, by notification, appoint any person, who shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the executive authority of a village panchayat. The Government has, by exercising power under Section 83 appointed the Village Panchayat as Executive authority. Section 84 deals with the functions of Executive authority, which shall (i)carry into effect the resolutions of the village panchayat; (ii)control all the officers and servants of the village panchayat; and (iii)discharge all the duties specifically imposed and excise all the powers conferred on the executive authority and subject to all restrictions and conditions imposed by or under this Act, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfillment of the purposes thereof. Thus, the village panchayat as Executive authority has control over all the officers and staff of the village panchayat.