Madras High Court
The District Collector vs B.Mujphur Rahman on 21 June, 2021
W.A.(MD)No.1178 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1178 of 2021
and
CMP(MD).No.5028 of 2021
1. The District Collector,
Ramanathapuram District,
Ramanathapuram.
2. The President,
Sembadayarkulam Panchayat,
Mandapam Union,
Ramanathapuram District.
3. The Block Development Officer,
Mandapam Union,
Ramanathapuram District. ... Appellants/Respondents
Vs.
B.Mujphur Rahman ... Respondent/Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.2599 of 2009, dated 20.11.2018.
https://www.mhc.tn.gov.in/judis/
1/5
W.A.(MD)No.1178 of 2021
For Appellants : Mr.R.Baskaran
Government Counsel
For Respondent : Mr.L.Prabhu
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.R.Baskaran, learned counsel appearing for the
appellants and Mr.L.Prabhu, learned counsel appearing for the respondent.
2. This appeal filed by the District Collector, Ramanathapuram
District and two others is directed against the order dated 20.11.2018 in W.P.
(MD) No.2599 of 2009, filed by the respondent herein.
3. The said writ petition was filed challenging a resolution passed by
the second appellant-Sembadayarkulam Panchayat, dated 18.02.2009,
terminating the respondent from service as Panchayat Clerk. The writ petition
was filed challenging the order of termination on the ground that it is total
violation of principles of natural justice. As it could be seen from the material
papers placed before us, the termination from service is based upon a resolution
passed by the second appellant- Sembadayarkulam Panchayat, from which, we
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1178 of 2021
find that there is no reference to any charge memo issued to the respondent or
any explanation called for and straight away the respondent has been terminated
from service. Therefore, the learned Single Bench was rightly interfered with
the order of termination and also denied a portion of the back-wages, because
the writ petition was dismissed for default and restored only in the year 2013.
4. Under normal circumstances, when the Court finds that the order of
termination is in violation of principles of natural justice, the Court is required
to set aside the order/proceedings upto the stage where the defect has occurred
and permitted the employer to proceed from the stage where opportunity should
be given to the delinquent employee. If such procedure has been adopted in the
instant case, then a direction should have been issued to the second appellant-
Sembadayarkulam Panchayat, to issue charge memo to the respondent and
afford an opportunity to submit his reply and thereafter, conduct an enquiry and
take a decision. However, considering the efflux of time and also taking note of
the submissions of the learned counsel appearing for the respondent that now
the respondent is working as a Panchayat Clerk, we are not inclined to interfere
with the order passed by the learned Single Bench.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1178 of 2021
5. In fact, the learned Single Bench has also granted liberty to the
second appellant-Sembadayarkulam Panchayat, to proceed afresh in accordance
with law and it appears that till date, the second appellant-Sembadayarkulam
Panchayat, has not chosen to do so.
6. Thus, for the above reasons, we find no good grounds to interfere
with the order passed by the learned Writ Court. Accordingly, the Writ Appeal
fails and it is dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 21.06.2021
pkn
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1178 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
W.A.(MD)No.1178 of 2021
21.06.2021
https://www.mhc.tn.gov.in/judis/
