S SHANKARANARAYANAN Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) THIS writ petition is directed against the order of the first respondent dated 16. 2. 1989 as well as that of the third respondent dated 18. 2. 1999 and for a subsequent direction to reinstate the petitioner in service with all attendant benefits.

(2.) HEARD Mr. K. V. Subramaniam, learned Senior Counsel for the petitioner and Mr. S. Kamadevan, learned counsel for the first respondent and Mr. T. Chandrasekaran, learned counsel for the third respondent and perused the records. This Court also directed the Special Government Pleader, HR and CE to circulate the original files, which has also been done by him. The original records were also perused by this Court.

(3.) THE petitioner was working as an Head Clerk in Arulmighu Poovanathaswamy Thirukkoil, Kovilpatti under the control of the first respondent since 15. 1. 1972. The first respondent received a complaint from three night watchmen on 29. 3. 1988 stating that the petitioner had stolen building materials such as cement and sand from the premises of the temple and had taken it to his residence. The building materials, such as, cement and sand were kept in the temple premises by the donors. On the basis of the statements given by the watchmen and the resolution of the Fit Person, the first respondent suspended the writ petitioner from service on the same day pending enquiry.