The Hindu : Andhra Pradesh News : Breather for noon meal organiser

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Saturday, Aug 18, 2007
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Andhra Pradesh

Andhra Pradesh

Breather for noon meal organiser

Staff Reporter

MADURAI: A Government servant cannot be dismissed without a proper enquiry on the ground that he/she is not covered by Service Rules, the Madurai Bench of Madras High Court has ruled.

Allowing a writ petition filed by a noon meal organiser from Tiruvarur district, Justice K. Chandru said that the principles of natural justice had to be necessarily followed in the case of any person drawing salary from the public exchequer and working in a Government recognised post.

The Judge rejected the Special Government Pleader’s contention that the post of nutritious meal organiser was not covered by Service Rules framed under Article 309 of the Constitution and hence an elaborate enquiry was not necessary. The competent authorities could dispense with the enquiry only when it was not reasonably practicable to hold it but only after recording sufficient reasons, he said.

The petitioner, G. Rajendrababu, said that he was working as a nutritious meal organiser at a panchayat union primary school in Valangaiman. He was implicated as an accused in a criminal case and was absconding for sometime. Aggrieved over his absence, he was initially suspended from service in 1998.

Subsequently, a charge memo was issued in 1999 seeking an explanation for not appraising higher officials about the criminal case. The petitioner sent a reply stating that he was wrongly implicated in the case and that he may be permitted to give his explanation after the disposal of the criminal case.

However, the Collector, on October 15, 2001, dismissed him from service on the ground that delay in filing an explanation would amount to accepting the charges. Thereafter, the petitioner was discharged from the criminal case on January 21, 2004 and he immediately filed the writ petition to quash his dismissal order.

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