Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.06.2014 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.No.15528 of 2014 and M.P.No.1 of 2014 P.Balakrishnan ..Petitioner versus The Assistant Commissioner/Executive Officer, Salem Nagar and Taluk Arulmigu Sugavanesuvarar Swami Thirukoil, Salem..Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, to call for the records relating to the order of suspension passed in Se.Mu.Na.Ka.No.207/2014/A4 dated 07.02.2014 on the file of the respondent and quash the same.
For Petitioner : Mr.S.Doraisamy For Respondent : Mr.S.Kandasamy, Special Government Pleader ORDER
The petitioner is working as a Cook (in Karunai Illam).which is run by Arulmigu Sugavanesuvarar Swami Thirukoil in Salem District.
The respondent is the Executive Officer in the said Temple.
On the allegation that the petitioner had beaten the inmates of the Home, the respondent by his proceedings in Se.Mu.Na.Ka.No.207/2014/A4, dated 07.02.2014, placed him under suspension.
Challenging the same, the petitioner is before this Court with this writ petition.
2.
This writ petition has come up today for admission.
I have heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondent.
I have also perused the records carefully.
3.
Though several grounds have been raised in this writ petition, the learned counsel for the petitioner would mainly focus his argument on the ground that the respondent has got no power to suspend the petitioner, in view of Section 45(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, which deals with the power of Executive Officer.
The learned counsel would submit that the question whether the Executive Officer has got power to place a servant of the Temple under suspension was examined by this Court reported in 1998 Writ L.R.535 [K.Manoharan v.
The Commissioner, H.R.C.E., and others]., wherein, Hon'ble Mr.Justice P.Sathasivam (as His Lordship then was).had held that a comparative study of both Section 45 and 56 would go to show that Executive Officer has to take care and administer the properties of the religious institutions and the trustee has to look after the Officer Holders and servants attached to the religious institutions.
Referring to the same, the learned counsel would submit that the respondent has got no power to suspend the petitioner.
4.
The learned Special Government Pleader appearing for the respondent would submit that though the respondent is the Executive Officer of the Temple, he has also been appointed as a Fit Person of the Temple.
He would further submit that the Fit Person, under the provisions of the Act has got all the powers of the Trust Board.
Therefore, in exercise of that power only, he placed the petitioner under suspension.
He would also submit that in the event, if it is considered that the allegation is trivial and it does not require suspension and on that ground, if the suspension order is interfered with, liberty may given to the respondent to initiate appropriate disciplinary proceedings against the petitioner and to pass appropriate orders by following the procedure established by law.
The said statement is recorded.
5.
In view of the submission made by the learned Special Government Pleader, I do not want to go into other grounds, more particularly, the ground as to whether respondent has got power to place the petitioner under suspension.
In my considered opinion, going by the triviality of the allegation, the suspension of the petitioner need not be continued, as there is no public interest involved.
Therefore, I hold that the suspension order deserves to be revoked.
S.NAGAMUTHU,J.
Svki 6.
In the result, the writ petition is disposed of, with a direction to the respondent to revoke the order of suspension within a period of 7 days from the date of receipt of a copy of this order, however, with liberty to the respondent to initiate appropriate disciplinary action against the petitioner and to pass final orders in the said disciplinary proceedings by following the procedure established by law.
No costs.
Connected miscellaneous petition is closed.
18.06.2014 svki Index : Yes/No To The Assistant Commissioner/Executive Officer, Salem Nagar and Taluk Arulmigu Sugavanesuvarar Swami Thirukoil, Salem.
W.P.No.15528 of 2014