LAWS(MAD)-2008-3-279

P PERIYAYI Vs. COLLECTOR VILLUPURAM DISTRICT

Decided On March 24, 2008
P. PERIYAYI Appellant
V/S
COLLECTOR VILLUPURAM DISTRICT Respondents

JUDGEMENT

(1.) HEARD Mr. V. Raghavachari, learned counsel appearing for the petitioner and Mr. M. Dhandapani, learned Special Government Pleader representing the respondents and have perused the records.

(2.) THE petitioner was working as a Noon Meal Organiser in the Middle School at Athiyur Thirukai coming under the second respondent Panchayat Union. On 18.7.1994, in the Noon Meal Centre run under the care of the petitioner, due to food poisoning, 400 children attached to the centre had developed illness and they were rushed to the Government Hospital at Villupuram. Fortunately, due to immediate care and attention, the children were saved. In the said centre, apart from the petitioner being the organiser, there was also a cook and an assistant. THErefore, they were collectively responsible for running of the centre and the primary responsibility was role that of the petitioner.

(3.) MR. V. Raghavachari, learned counsel appearing for the petitioner placed reliance upon the following judgments in support of his contentions: (a) Syam Sundar Misra v. The State of Orissa and another [AIR 1957 Orissa 222] (DB) (b) Ghulam Ahmad Bande and another v. Inspector-General of Police [AIR 1958 Jammu and Kashmir 28] (DB) (c) B. Uma v. The Superintending Engineer, MES and another [1990 Writ L.R. 495] (DB Madras) (d) The Chief Administrative Officer (Disciplinary Authority), Visvesvaraya Iron & Steel Ltd., Karnataka State and others v. V. Krishnamurthy [1991 Writ L.R. 658] (DB Madras)