J. Abel v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.42096 of 2006 and M.P.No.1 of 2007 J.Abel ... Petitioner -Vs1. The District Collector, Villupuram District, Villupuram.

2. The Block Development Officer, Mugaiyur Block Development Office, Thiruvkkoilur Taluk, Villupuram District.

3. The President, T.Attipakkam Panchayat, Tirukkoilur Taluk, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of Termination dated 07.01.2005 passed by the third respondent in his proceedings No.Nil and Application Order dated 15.02.2006 in his proceedings Na.Ka.A4/549/2006 passed by the first respondent and quash the same, consequently direct the third respondent to reinstate the petitioner in service with back wages and attendant benefits.

For Petitioner : No appearance For Respondents 1 &2 : Mr.K.Magesh (R1 to R4) Special Government Pleader For R3 : No appearance

O R D E R

This Writ Petition has been filed challenging the order of Termination dated 07.01.2005 passed by the third respondent in his proceedings No.Nil and Application Order dated 15.02.2006 in his proceedings Na.Ka.A4/549/2006 passed by the first respondent

and quash the same, consequently direct the third respondent to reinstate the petitioner in service with back wages and attendant benefits.

2. There is no representation on behalf of the petitioner, despite the name of the petitioner being printed in the cause list.

3. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that due to insubordination Memo served to the petitioner, after due enquiry, the petitioner was removed from service. Being aggrieved by the enquiry report, he filed appeal before the District Collector and the District Collector also dismissed the Appeal. Challenging the order of the District Collector, the petitioner has filed the present Writ Petition.

4. Heard the learned Special Government Pleader and perused the materials available on record.

5. The petitioner was dismissed from service based on the findings of the report of the enquiry officer. The enquiry report reveals that all the five charges levelled against the petitioner were proved. Therefore, the disciplinary authority awarded the punishment of termination of service. Challenging the said order, the petitioner filed an Appeal before the District Collector and the District Collector also confirmed the same. On a perusal of the records it shows that there is no merit in the Writ Petition and therefore this writ petition is liable to be dismissed.

6. In the result, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arr To

1. The District Collector, Villupuram District, Villupuram.

2. The Block Development Officer, Mugaiyur Block Development Office, Thiruvkkoilur Taluk, Villupuram District.

3. The President, T.Attipakkam Panchayat, Tirukkoilur Taluk, Villupuram District.

+1 cc to The Government Pleader, Sr.No. 35445 W.P.No.42096 of 2006 MP(CO) RMP(07/12/2020)