1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA and THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.A. (MD) No.109 of 2011 and M.P. (MD) No.1 of 2011 K. Gurusamy Appellant/Petitioner vs. 1 The District Collector Sivagangai District, Sivagangai 2 The Block Development Officer/ Commissioner (Panchayat Union) Kalaiyar Kovil Panchayat Union Sivagangai District 3 The President Earivayal Village Panchayat Kalaiyar Kovil Panchayat Union Sivagangai District Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 18.11.2010 passed in W.P. (MD) No.5802 of 2009. Writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus, to callfor the records relating to the second respondent order dated 18.2.2009 in Na.Ka.B2/1736/08, and quash the same and conseequently direct the respondents to disburse all services attendant and monetary benefits and all arrears due to the petitioner. For appellant Mr. M.S. Sulaiman for M/s. Ajmal Khan For RR 1 & 2 Mr. R. Janakiramulu Spl. Govt. Pleader For R3 Mr. V. Kannan JUDGMENT (Judgment of the Court was delivered by K. SUGUNA, J.) This writ appeal is filed as against the order dated 18.11.2010 passed in W.P. (MD) No.5802 of 2009. 2. The above said writ petition was filed challenging the https://hcservices.ecourts.gov.in/hcservices/ 2 order dated 18.02.2009 by which the appellant/writ petitioner was placed under suspension based on the pendency of a criminal case. However, by order dated 18.11.2010, the said writ petition was dismissed. Challenging the said order dated 18.11.2010, this writ appeal is filed. 3. The only point urged by the learned counsel for the appellant is that as per Clauses 5 and 6 of Annexure to G.O. Ms.No.175, Rural Development and Panchayat Department dated 05.12.2006 which read as under: "5/ fpuhk Cuhl;rpapd; eph;thfj;jpy;. Cuhl;rp cjtpahsh; Jiwapd; tpjpKiwfis kPwy;. xGA';fPdk;. ftdf;Fiwt[. jFjpapd;ik. flik jtWjy;. jtwhd eltof;iffs; Bghd;wtw;wpy; NLgl;lhy; me;j Cuhl;rp cjtpahsiu fz;ldk;. mguhjk;. Cjpa cah;t[ my;yJ gzp cah;t[ epWj;jp itj;jy; my;yJ Kg;g[ gl;oaypy; juk; ,wf;Fjy; my;yJ fPH;epiyg; gzpaplj;jpy; itj;jy;. my;yJ fhyKiw Cjpaj;jpy; fPH;epiyapy; itj;jy;. jw;fhypf gzpePf;fk; bra;jy;. gzpapypUe;J ePf;Fjy; my;yJ gzptpyf;fk; bra;ayhk;. ,Ug;gpDk; mjw;F Kd; me;j Cuhl;rp cjtpahsiu neuo tprhuizf;F miHg;gJ cl;gl jdJ tpsf;fj;ij mspf;f mtUf;F nghjpa tha;g;g[ mspf;fg;gl;oUf;f ntz;Lk; 6/ nky;KiwapL: Cuhl;rpapd; Kot[f;F vjpuhd nky;KiwaPl;il Cuhl;rpj;jiythpd; Miz fpilf;fg;bgw;w 30 jpd';fSf;Fs; tl;lhu tsh;r;rp mYtyh; (Cuhl;rp) ,lk; gjpt[ bra;J bfhs;syhk;/ nkYk; tl;lhu tsh;r;rp mYtyh; (Cuhl;rp)apd; Kot[ kPjhd ,uz;lhtJ nky;KiwaPl;il tl;lhu tsh;r;rp mYtyh; (Cuhl;rp)d; Miz fpilf;fg;bgw;w 60 jpd';fSf;Fs; khtl;l Ml;rpj; jiythplk; gjpt[ bra;J bfhs;syhk;/ " the competent authority to pass an order of suspension is only the President of the Panchayat and the appointing authority is also the President of the Panchayat and the Block Development Officer concerned is only the appellate authority, consequently, the impugned order of suspension has to be set aside. 4. On the other hand, it is the stand of the learned Special Government Pleader appearing for the official respondents that for the same mis-conduct, action was initiated as against one other officer whose designation is People Welfare Officer (kf;fs; eyg; gzpahsh;); as far as this category is concerned, the competent authority is only the Block Development Officer; consequently, for the appellant/writ petitioner as well as the other officer, suspension orders were passed by the Block Development Officer. Based on this, it is the stand of the learned Special Government Pleader that only the Block Development Officer is the competent authority to pass the order of suspension. https://hcservices.ecourts.gov.in/hcservices/ 3 5. We have considered the above said submissions of the respective learned counsel. 6. There is a specific provision under clause nos.5 and 6 of Annexure to G.O. Ms.No.175, Rural Development and Panchayat Raj Department dated 05.12.2006 which have been extracted above. As per this, the power of suspension is given only to the President of the Panchayat. When there is a specific provision relating to suspension, the question of the Block Development Officer passing the suspension order does not arise at all. Apart from this, as far as the point raised by the learned Special Government Pleader is concerned, in a disciplinary proceedings, if framing of charges, conducting an enquiry and passing final orders arises, then, as per Rule 12(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules applicable to the Tamil Nadu Government servants, the officer competent to initiate disciplinary action as against a superior officer has got a power in respect of other delinquents also. But, here is a case where the suspension order itself is based on the pendency of a criminal case. The order under challenge is only a suspension order. Consequently, this argument of the learned Special Government Pleader will not hold good, especially, when a Government Order, to this effect, has been specifically issued. Consequently, the impugned order of suspension is set aside. However, the President of the Panchayat who is one of the respondents herein, is at liberty to pass appropriate orders, if warranted. 7. According to the learned counsel for the appellant/writ petitioner, though the appellant/writ petitioner has been placed under suspension from 2009 onwards, so far, Subsistence Allowance has been paid to him. If this statement of the learned counsel for the appellant/writ petitioner is true, the official respondents are directed to consider the same and to pass orders with regard to payment of Subsistence Allowance to the appellant/writ petitioner, within a period of two weeks from the date of receipt of a copy of this order. With the above directions, the writ appeal stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar9LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1 The District Collector Sivagangai District Sivagangai 2 The Block Development Officer/ Commissioner (Panchayat Union) Kalaiyar Kovil Panchayat Union Sivagangai District 3 The President Earivayal Village Panchayat Kalaiyar Kovil Panchayat Union Sivagangai District +1cc to Mr.M.Ajmal Khan, Advocate, Sr.No.7581 +one cc to Special Government Pleader, Sr.No.7821 +1cc to Mr.V.Kannan, Advocate, Sr.No.7559 W.A. (MD) No.109 of 2011 22.03.2011 cad SMA/9.5.2011/7C/4P https://hcservices.ecourts.gov.in/hcservices/