THE SECRETARY TO GOVERNMENT Vs. N.PALANIKUMAR

JUDGEMENT

(1.) This intra -court appeal is directed against the order dated 30 October, 2009, in W.P.(MD)No.7048 of 2006, whereby and whereunder, the learned Single Judge quashed the punishment imposed on the respondent primarily on the ground that the Executive Officer is only an executing authority bound to implement the orders passed by the Fit Person. BRIEF FACTS:

(2.) The respondent functioned as the Executive Officer of Arulmighu Adaikalam Katha Ayyanar and Badrakaliamman Thirukoil, Madapuram, Manamadurai Taluk, in the district of Sivagangai. The Commissioner, Hindu Religious and Charitable Endowments Department initiated disciplinary proceedings against him for dereliction of duty and loss of revenue to the temple. There were altogether four charges. Since the explanation submitted by the respondent was found to be unsatisfactory, Enquiry Officer was appointed. The Enquiry Officer held that charges 1 and 2 were proved. The disciplinary authority accepted the report and imposed the punishment of stoppage of increment without cumulative effect for a period of one year. The said order was unsuccessfully challenged before the Government. The respondent filed a Writ Petition in W.P.(MD)No.7048 of 2006, challenging the order passed by the disciplinary authority.

(3.) The learned Single Judge allowed the Writ Petition primarily on the ground that being an Executive Officer, the respondent has no other option than to implement the order passed by the Fit Person. According to the learned Single Judge, the decision to grant licence for selling ghee lamps without calling for tenders was given by the Fit Person. The respondent, being the subordinate of the Fit Person, was bound to implement the said decision and as such, no charge would lie against him. Feeling aggrieved by the order passed by the learned Single Judge, the appellants have come up with this intra -court appeal.