The President v. K.Vasudevan

in W.P.No.18109 of 2022 C.SARAVANAN, J.

This application has been filed for modification of order dated 18.07.2022. The said writ petition was disposed without hearing the fourth respondent at the time of admission by restraining the fourth respondent to not to sign any cheque.

2. Under these circumstances, the fourth respondent has filed this application to modify the order dated 18.07.2022 in W.P.No.18109 of 2022.

3. It is submitted that the petitioner has been appointed as the President of the Village Panchayat for the first time and that pursuant to the Show Cause Notice issued by the second respondent dated 18.05.2022, the third respondent was directed to conduct an enquiry.

4. It is submitted that the charges against the petitioner are not serious as to infer embezzlement of any amount. The report of the third 1/4

respondent/Block Development Officer has also concluded that the petitioner was negligent in awarding contracts unaware of the provisions of the Tamil Nadu Transparency in Tenders Act 1998 and Tamil Nadu Transparency in Tenders Rules, 2000.

5. I have considered the arguments advanced by the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Government Advocate for the second to fourth respondents.

6. An order came to be passed without notice to the petitioner who was the fourth respondent in the above writ petition as the learned Special Government Pleader stated that he was appearing for the petitioner / fourth respondent.

7. Considering the fact that the third respondent/Block Development Officer has also given a report dated 08.06.2022, as per which, no serious violations are discernible against the petitioner / fourth respondent, I am inclined to partially modify order dated 18.07.2022 in the present Writ 2/4

Petition by deleting the second sentence in paragraph 3 of the order starting with the words "Until such order" and ending with "any cheque".

8. After paragraph 3 of the above said order, the following sentence shall also be added.

"3A.The first respondent shall consider and dispose the petitioner's representation dated 25.06.2022 in the background of the Show Cause Notice dated 18.05.2022 and the report of the third respondent/Block Development Officer, within a period of twelve weeks from the date of receipt of a copy of this order.

9. In view of the above, this petition is allowed. 02.08.2022 rgm Note: Registry is directed to carry out the necessary correction and issue a fresh order copy.

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C.SARAVANAN, J.

rgm WMP.No.19122 of 2022 in W.P.No.18109 of 2022 02.08.2022 4/4