COLLECTORTHIRUVANNAMALAI SHAMBUVARAYAR DISTRICT Vs. S ARUMUGAM

JUDGEMENT

(1.) HEARD the learned Special Government Pleader for the appellants.

(2.) THIS appeal is directed against the order of the learned Single Judge dated 18. 9. 2006 made in W. P. No. 17842 of 2006, by which the learned Single Judge has set aside the impugned order of the second appellant dated 30. 6. 1995, by which the first respondent herein, who was the original writ petitioner, was dismissed from service.

(3.) THE brief facts relating to the filing of the writ petition are that the first respondent was appointed as a part-time Noon Meal Organizer under the second respondent. It appears that a charge memo was issued by the second appellant on 19. 10. 1994, alleging that the first respondent has overstayed on leave after the expiry of the sanctioned leave from 16. 6. 1994 to 15. 7. 1994 and therefore, it amounted to willful disobedience of the orders of the superiors in rejoining the duty. It is the admitted fact that the first respondent has submitted his explanation to the charge memo on 15. 11. 1994, denying the charges. In spite of the same, the second appellant has passed the order dated 30. 6. 1995, dismissing the first respondent from service, without conducting any enquiry. The order of dismissal, which was challenged in the writ petition, passed by the second appellant has given a reason that the Panchayat Union Commissioner, Pudupalayam has given a report stating that the first respondent has not given leave application after 30. 11. 1994 and that the first respondent is unfit to join duty and continue to work. It is purely based on the said report of the Panchayat Union Commissioner, Pudupalayam, the second appellant passed the impugned order on 30. 6. 1995, dismissing the first respondent from service.