R SIVAKUMARAN Vs. DISTRICT COLLECTOR PUDUKOTTAI DISTRICT PUDUKOTTAI

JUDGEMENT

(1.) THE Original Application in O.A.No.1005 of 2002 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) THE petitioner was working as a part-time Panchayat Assistant from 30.12.1996. While so, a charge memo dated 26.12.2001 was issued to him making certain allegations. THE petitioner submitted his explanation dated 02.01.2002, denying the allegations. While so, the third respondent passed the impugned order dated 04.02.2002, dismissing him from service.

(3.) THE learned counsel for the petitioner submits that the impugned order was passed in flagrant violation of principles of natural justice, as no enquiry was held before passing the dismissal order. It is further submitted that the third respondent has no power and jurisdiction to dismiss an employee from service. It is submitted that the second respondent alone is competent to initiate disciplinary proceedings against an employee and to dismiss an employee, as per Section 106 of the Tamil Nadu Panchayats Act.