Tamil Nadu   

Collector can suspend panchayat servant: court

CHENNAI: A District Collector, being the Inspector of Panchayat, is empowered to exercise his emergency powers and suspend a panchayat servant, the Madras High Court has ruled.

Dismissing a writ petition, which questioned the authority of a District Collector in placing a panchayat assistant under suspension, Justice K. Chandru said: “We are not concerned with the order of punishment. It is only suspension pending inquiry. The Inspector of Panchayats cannot be a mute spectator when a series of complaints were made on the basis of spot inspection. Being the controlling authority of the panchayat, it is always open for him to order for suspending a panchayat servant.”

The petitioner, R. Shyni of Cherangode panchayat in the Nilgiris district, was suspended for having failed to prepare necessary bills and vouchers and get the panchayat president’s signature on cheques. Not challenging the charges against the petitioner, counsel questioned the Collector’s jurisdiction/authority to issue the suspension order.

Citing a December 2006 government order, the petitioner said a panchayat assistant should function under the control of the executive authority of the panchayat president, who is vested with disciplinary power such as suspension.

Mr. Justice Chandru, rejecting the submission, said, “No doubt, it is true that in terms of the Act, it is the panchayat president, who is the executive authority and who can take disciplinary action against the staff of the panchayat.

“The question that arises for consideration is whether the higher office, viz. District Collector (designated as Inspector of Panchayat) is also empowered to suspend.”

In service jurisprudence, unless the suspension is made by an authority, who has totally no jurisdiction, the court cannot interfere with the order of suspension, the Judge said, adding, “it is not a case that the suspension has been made mala fide or without any materials. A perusal of the impugned order clearly shows that the suspension was based upon an inspection and materials gathered.”

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