Madras High Court
The President vs D.Vinothkumar on 28 November, 2022
W.A.Nos.2580 & 2573 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
Coram
The Honourable Mr. Justice P.N.PRAKASH
and
The Honourable Mr. Justice RMT.TEEKAA RAMAN
W.A.Nos.2580 & 2573 of 2022
C.M.P.Nos.20368 & 20318 of 2022
W.A.No.2580 of 2022
The President,
Veeraragavapuram Panchayat,
Kilampakkam Post,
Thiruvallur Taluk,
Thiruvallur District – 602 025. .. Appellant
Vs
1.D.Vinothkumar
2.The District Collector,
Thiruvallur District,
Thiruvallur – 602 025. .. Respondents
W.A.No.2573 of 2022
The President,
Veeraragavapuram Panchayat,
Kilampakkam Post,
Thiruvallur Taluk,
Thiruvallur District – 602 025. .. Appellant
https://www.mhc.tn.gov.in/judis
W.A.Nos.2580 & 2573 of 2022
Vs
1.P.Thiruveedhi
2.The District Collector,
Thiruvallur District,
Thiruvallur – 602 025. .. Respondents
Prayer in W.A.No.2580 of 2022: Appeal filed under Clause 15 of
Letters Patent against the order dated 12.07.2022 passed in W.P.No.14719 of
2022 on the file of this Court.
Prayer in W.A.No.2573 of 2022: Appeal filed under Clause 15 of
Letters Patent against the order dated 12.07.2022 passed in W.P.No.14721 of
2022 on the file of this Court.
For Appellant : Dr.Francis Xavier Arulraj
(in both appeals) Senior Advocate
for Mr.A.Maheshnath
For R1
(in both appeals) : Mr.G.Sudangan
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W.A.Nos.2580 & 2573 of 2022
COMMON JUDGMENT
( Delivered by P.N.PRAKASH, J.)
These writ appeals have been filed to set aside the orders dated
12.07.2022 passed in W.P.Nos.14719 & 14721 of 2022, respectively.
2. The minimum facts that are required for deciding these writ
appeals are as under:
2.1 Vinothkumar (petitioner in W.P.No.14719 of 2022),
Thiruveedhi (petitioner in W.P.No.14721 of 2022) and Dhakshinamoorthy
were working as Overhead Tank Operators in Veeraragavapuram Panchayat
Union in Thiruvallur District and Banupriya is the President of the said
Panchayat.
2.2 Alleging that Vinothkumar and Thiruveedhi were on
unauthorised absence for a period of eight months, they were removed from
service, aggrieved by which, they preferred individual appeals under
Section 202 of the Tamil Nadu Panchayats Act, 1994, before the District
Collector, Thiruvallur District and the same are pending.
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W.A.Nos.2580 & 2573 of 2022
2.3 Vinothkumar filed W.P.No.14719 of 2022 and Thiruveedhi
filed W.P.No.14721 of 2022 for a mandamus to the District Collector to
dispose of their appeals. In the writ petitions, they alleged that they are
being victimized by the Panchayat President and her husband Murugan and
that they had not gone on unauthorised absence. They also asserted that
there was no interruption of water supply during the said period.
2.4 When these writ petitions came up for hearing before a learned
Single Judge, an interim direction was issued to the District Collector,
Thiruvallur, to file a report as to whether there was any interruption in water
supply during the relevant period.
2.5 In compliance with the directions of this Court, the District
Collector, Thiruvallur, filed an enquiry report stating that there was
uninterrupted water supply during the relevant period of time, but, since the
attendance register was with the Panchayat President, he was not able to
ascertain whether Vinothkumar and Thiruveedhi were on unauthorised
absence.
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W.A.Nos.2580 & 2573 of 2022
2.6 In paragraph no.10 of the report, the District Collector,
Thiruvallur, has stated as follows:
“10. It is submitted that the appointing authority for
the above post is the Panchayat and Panchayat is well
within its rights to remove the employee. However, in this
case the employee was removed on charge of dereliction
from duty. However, on field enquiry it is ascertained that
water supply was not disturbed in this period as mentioned
and no such dereliction of duty is proved. Further, it is
submitted that the removal of the petitioner from Over Head
Tank Operator post is not in order.”
2.7 Based on the report of the District Collector, Thiruvallur, the
learned Single Judge has passed final orders in both the writ petitions
individually on 12.07.2022. In paragraph no.10 of the said orders, which are
identical in both the cases, reads as under:
“10. In view of the above, this Court, accepts the
report of the first respondent and passes the following
order:-
i) directs the first respondent to consider the appeal of
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W.A.Nos.2580 & 2573 of 2022
the petitioner dated 14.12.2021 and pass appropriate orders
to reinstate the petitioner forthwith as Over Head Tank
Operator and also issue suitable directions to the Executive
Officer of the respondent Panchayat, for payment of salary
to the petitioner for the aforesaid non working period, due to
the illegal termination order passed by the second
respondent.
ii) the first respondent shall take appropriate action
against the second respondent as well as the said Murugan
for the aforesaid allegations of the petitioner, in accordance
with law within a period of twelve weeks from the date of
receipt of a copy of this order.
11. With the above observations and directions, the
Writ Petition is disposed of. No costs.”
3. Aggrieved by the above order, the Panchayat President has
preferred the present writ appeals.
4. Both sides disputed the allegations against each other and it
was stated on behalf of the Panchayat President that no opportunity was
given to her to file counter in the writ petitions and the learned Single Judge
has passed the final orders based on the enquiry report of the District
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W.A.Nos.2580 & 2573 of 2022
Collector, Thiruvallur. The learned Senior Counsel appearing for the
Panchayat President also stated that without hearing the Panchayat President
and her husband Murugan, there should not have been any directions to the
District Collector, Thiruvallur, to take action against them.
5. This Court gave its anxious consideration to the rival
submissions.
6. It is true that the District Collector is an appellate authority and
he has not passed any formal orders disposing of the appeals preferred by
Vinothkumar and Thiruveedhi. There appears to be some force in the
submission of the learned Senior Counsel appearing for the Panchayat
President that without giving an opportunity to the Panchayat President and
her husband, they cannot be condemned, especially, in the light of the fact
that Murugan is not a party in the writ petitions.
7. In such view of the matter, we are inclined to issue the
following directions:
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W.A.Nos.2580 & 2573 of 2022
i. the District Collector, Thiruvallur, shall dispose of the appeals dated
14.12.2021 filed by Vinothkumar and Thiruveedhi within a period of
four weeks from the date of receipt of a copy of this order;
ii. if, during the course of enquiry, the District Collector, Thiruvallur,
finds that there are incriminating materials against the Panchayat
President and her husband, separate action may be initiated against
them in accordance with law.
With the above observations and directions, these writ appeals stands
allowed and the orders dated 12.07.2022 passed in W.P.Nos.14719 & 14721
of 2022, respectively, are set aside. Connected C.M.Ps. are closed. No costs.
(P.N.P., J.) (TKRJ)
28.11.2022
Index: Yes/No
nsd
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W.A.Nos.2580 & 2573 of 2022
To
The District Collector,
Thiruvallur District,
Thiruvallur – 602 025.
https://www.mhc.tn.gov.in/judis
W.A.Nos.2580 & 2573 of 2022
P.N.PRAKASH, J.
and
RMT.TEEKAA RAMAN, J.
nsd
W.A.Nos.2580 & 2573 of 2022
28.11.2022
https://www.mhc.tn.gov.in/judis
