T.Sekar v. The Ditrict Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 7363 of 2016 and W.M.P(MD)No.6189 & 6190 of 2016 T.Sekar ...

Petitioner Vs.

1. The District Collector cum Inspector of Panchayat, Theni District, Theni.

2. The Assistant Director (Audit), Theni District, Theni.

3. The President, Angoorpalayam village panchayat,

4. The Secretary, Angoorpalayam village panchayat,

5. The President, Surulipatti Village Panchayat, 1/8

6. The Secretary, Suruilipatti village panchayat,

7. The President, Narayanathevanpatti Village Panchayat,

8. The Secretary, Narayanathevanpatti Village Panchayat, 9.The President, Kullappagoundanpatti Village Panchayat,

10. The Secretary, Kullappagoundanpatti Village Panchayat,

11. The President, Karunakkamuthanpatti Village Panchayat,

12. The Secretary, Karunakkamuthanpatti Village Panchayat,

13. The Secretary to Government Rural Development and Panchayat Raj Department Chennai ...

Respondents [R-13 is impleaded Suo motu by Order of this Court, dated 15.06.2023] 2/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order passed by the 1st respondent in Na.Ka.No. 2473/2016/Voo Va2 dated 26.02.2016 and quash the same.

For Petitioner : Mr. J.Balameenakshi For Respondents : Mr. P.Thambidurai Government Advocate

ORDER

This writ petition is filed to quash the charge memo, dated 26.02.2016.

2. Heard Mr.J.Balameenakshi, learned counsel appearing for the petitioner and Mr.P.Thambidurai, learned Government Advocate appearing for the respondents. Perused the material documents placed on record.

3. In the audit report, it has been pointed out that the petitioner has committed some omissions and commissions. The contention of the petitioner is that the omissions and commissions cannot be fasten on petitioner alone. It has to 3/8

be against all the erring officials including the President and Secretary of the said Village Panchayat. The Inspector of Panchayat is also liable, because he has not properly exercised the supervisory power.

4. The claim of the petitioner ought to be considered. But it is seen the petitioner has challenged the charge memo, it is settled principle that the charge memo cannot be challenged. The petitioner has not raised any legally sustainable grounds to quash the charge memo. At this stage, the charge memo cannot be quashed. Therefore, this Court is not inclined to entertain this writ petition.

5. Accordingly, this Court is passing the following order: (i). The petitioner is directed to submit an explanation to the charge memo, then the respondents shall conduct proper and fair enquiry, after giving sufficient opportunity to the petitioner, thereafter, pass an order in accordance with law.

(ii) After completion of enquiry proceedings, if the petitioner is entitled for promotion, the same shall be considered, as per law. 4/8

(iii). Since the petitioner has raised allegations against the President and Secretary of the said Village Panchayat, the respondents are directed to conduct enquiry for the allegation against the President and the Secretary and all other authorities, who have committed error, which was pointed out in the audit report.

(iv) The Secretary to Government, Rural Development and Panchayat Raj Department, Chennai, is directed to conduct the enquiry, within a period of three months from the date of receipt of a copy of the order.

6. With these directions and observations, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 15.06.2023 Internet : Yes ksa 5/8

To

1. The District Collector cum Inspector of Panchayat, Theni District, Theni.

2. The Assistant Director (Audit), Theni District, Theni.

3. The President, Angoorpalayam village panchayat,

4. The Secretary, Angoorpalayam village panchayat,

5. The President, Surulipatti Village Panchayat,

6. The Secretary, Suruilipatti village panchayat,

7. The President, Narayanathevanpatti Village Panchayat,

8. The Secretary, Narayanathevanpatti Village Panchayat, 6/8

9.The President, Kullappagoundanpatti Village Panchayat,

10. The Secretary, Kullappagoundanpatti Village Panchayat,

11. The President, Karunakkamuthanpatti Village Panchayat,

12. The Secretary, Karunakkamuthanpatti Village Panchayat,

13. The District Rural Development Agency, Theni District.

7/8

S.SRIMATHY, J ksa Order made in W.P.(MD)No. 7363 of 2016 15.06.2023 8/8