Madras High Court
S.Mariappan vs The District Collector Cum Chairman on 18 August, 2022
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
WP(MD)No.17354 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.(MD)No.17354 of 2014
and
M.P.(MD)No.1 of 2015
S.Mariappan ... Petitioner
-Vs-
1.The District Collector cum Chairman,
District Rural Development Agency
Tirunelveli District,
Tirunelveli.
2.The Block Development Officer,
Village Panchayat,
Tenkasi,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
the impugned order bearing Na.Ka.No.A5/5143/2015 dated 11.09.2015 passed by
the first respondent and quash the same and consequently direct the respondents
to reinstate the petitioner in service.
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https://www.mhc.tn.gov.in/judis
WP(MD)No.17354 of 2015
For Petitioner : Mr.T.Antony Arul Raj
For Respondents : Mr.D.Gandhiraj
Special Government Pleader for R1
Mr.Aayiram K.Selvakumar for R2
ORDER
This Writ Petition has been filed to quash the impugned order bearing Na.Ka.No.A5/5143/2015 dated 11.09.2015 passed by the first respondent and consequently to direct the respondents to reinstate the petitioner in service.
2. The learned counsel appearing for the petitioner submitted that the petitioner was appointed as Total Sanitation Block Co-ordinater in Senkottai Union Office on consolidated pay of Rs.5,000/-. The work of the petitioner also involved in co-ordination of self help groups. A sum of Rs.51,370/- was handed over to the petitioner by one Esakki Ammal, Panchayat Level Federation President, Patapathu for putting up a toilet. He paid the said amount to one P.K.S.Gurusamy, who is having a hardware company, for procuring construction materials. But the construction materials were not supplied in time. Hence, the 2/6 https://www.mhc.tn.gov.in/judis WP(MD)No.17354 of 2015 Block Development Officer instructed the petitioner to get back the amount and thus the petitioner got back the money from P.K.S.Gurusamy and remitted the amount in Pattapathu account. There is no misappropriation of money. However, he was removed from service by the impugned order, dated 11.09.2015. According to the petitioner, the impugned order is stigmatic and has civil consequences. The petitioner was not given any opportunity before terminating him from service. Therefore, the petitioner is before this Court.
3. In response, the learned Special Government Pleader, appearing for the first respondent submitted that the petitioner has collected money from the beneficiary's contribution, the loan amount of self help group members and their savings from the President of Panchayat Level Federation of Patapathu through cash, by misusing his position. Collection of the amount in cash is a wrong procedure. The payment will have to be made only through cheque and no cash transaction is permitted in this scheme. Deviating this procedure, the petitioner collected the money and kept the same with him from 18.08.2015 to 03.09.2015 without any reasonable cause. It is a clear misappropriation of money and hence, a criminal case was registered against the petitioner in Crime No.382/2015 under 3/6 https://www.mhc.tn.gov.in/judis WP(MD)No.17354 of 2015 Sections 409 and 420 IPC before Courtrallam Police Station. The petitioner is not a permanent employee and therefore, he was terminated from service to avoid further misappropriation.
4. This Court had considered the rival submissions and perused the records.
5. It is seen from the records and the averments made in the affidavit that the petitioner admitted the receipt of a sum of Rs.51,370/-. As per the scheme cash transaction is not permitted. Further, the petitioner remitted the money on 03.09.2015, for that he has also produced the challan. It strengthens the case of the respondents that the petitioner had withheld the money with him for 17 days from 18.08.2015 to 03.09.2015. Hence, a criminal case has also been registered against the petitioner. As the appointment of the petitioner is only on temporary basis on consolidated pay and he has committed the offence of criminal misappropriation and cheating, the petitioner was rightly terminated from service.
6. This Court finds no reason to interfere with the order of the respondents and therefore, the order of the first respondent in Na.Ka.No.A5/5143/2015 dated 4/6 https://www.mhc.tn.gov.in/judis WP(MD)No.17354 of 2015 11.09.2015 is hereby confirmed and this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
18.08.2022 Index : Yes / No Internet : Yes / No ta To
1.The District Collector cum Chairman, District Rural Development Agency Tirunelveli District, Tirunelveli.
2.The Block Development Officer, Village Panchayat, Tenkasi, Tirunelveli District.
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