G.RAJENDRAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed challenging the order passed by the 1st respondent District Collector dismissing the petitioner's appeal filed against the order of removal from service.

(2.) The brief facts leading to the filing of this Writ Petition are as follows :-

(3.) From the year 2003, the petitioner has sent several representations to the 3rd respondent requesting him to conduct disciplinary proceedings. On 27.01.2007, the 3rd respondent has sent a letter stating that, no decision has been taken on the charges leveled against the petitioner, and the matter is pending with the higher authority. Again on 19.06.2008, the 3rd respondent informed the petitioner that one Mr.S.Arujunan was appointed as a Clerk in his post. Hence, there is no vacancy available in the panchayat. Even thereafter, the petitioner has continuously sent representations till the year 2012. Finally, on 07.09.2012, the 3rd respondent has informed the petitioner that he has been terminated from the post of Panchayat Clerk with effect from 08.07.2002, and a resolution was also passed to that effect by the 3rd respondent panchayat. The copy of resolution was also communicated to the petitioner. Then only, the petitioner came to know that he was terminated from service. Immediately, the petitioner has filed an appeal before the 1st respondent challenging the resolution passed by the 3rd respondent. By the impugned order, the 1st respondent dismissed the appeal on the ground that, it is barred by limitation. The appellate authority has stated that, even though the petitioner was terminated from service with effect from 08.07.2002, the appeal has been filed only in the year 2012 belatedly after lapse of 10 years. The appellate authority has also clearly stated that, there is no records available with the 3rd respondent panchayat regarding the enquiry conducted on the charge memo, and the order of removal from service. Challenging the above order, the present Writ Petition has been filed.