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Tirunelveli District – Mela Neelitha Nallur Panchayat ... - Tnrd.gov.in

Tirunelveli District – Mela Neelitha Nallur Panchayat ... - Tnrd.gov.in

Tirunelveli District – Mela Neelitha Nallur Panchayat ... - Tnrd.gov.in

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4Oral /written deposition dur<strong>in</strong>g personal hear<strong>in</strong>g ;I acted only <strong>in</strong> the capacity of co-signatory <strong>in</strong> the cheque drawn for the<strong>Panchayat</strong> work.Observation of the Government;The payment of entire amount does not vitiate the charge. Therefore thecontention of the petitioner is liable to be rejected.Contention of the Petitioner:e) The Collector should have looked <strong>in</strong>to the vital aspect <strong>in</strong> connection withthe present case s<strong>in</strong>ce for each and every disbursement of amount, prior generalbody meet<strong>in</strong>g was conducted <strong>in</strong> the said <strong>Panchayat</strong>, <strong>in</strong> which after gett<strong>in</strong>gconcurred view from all the members, the alleged disbursement was made, Whenthus be<strong>in</strong>g so, on the ground or mere and slight alleged violation of theGovernment rule, the Collector should not have gone to the extent of remov<strong>in</strong>g theAppellant.Oral /written deposition dur<strong>in</strong>g personal hear<strong>in</strong>g ;Expressed that he was assist<strong>in</strong>g the President on the works executed by the<strong>Panchayat</strong> and was a co-signatory cheque drawn for <strong>Panchayat</strong> work.Observation of the Government;The petitioner had committed irregularities <strong>in</strong> such as temporarymisappropriation of funds and misclassification of amounts etc <strong>in</strong> collusion with thePresident, The petitioner as Vice President of Village <strong>Panchayat</strong>, ought to havedrawn funds along with the President as co-signatory with proper approval ofVillage <strong>Panchayat</strong> and proper vouchers for the expenditure proper procedure hasnot been <strong>in</strong> spend<strong>in</strong>g the funds of the Village <strong>Panchayat</strong>. This is not a slightviolation of rule. But this is a case of willful lapse.Therefore the contention of the petitioner is liable to be rejected.Contention of the Petitioner:f) On a bare perusal of the impugned order passed by the Collector videm6/2144/07 dated 20.9.2007, it is crystal clear that the Tahsildar, Sankarankoilhas not even met any one of the explanation submitted by the Appellant and he hasnot thought about consider<strong>in</strong>g the view of the members of the said <strong>Panchayat</strong> whileat the time of arriv<strong>in</strong>g at a f<strong>in</strong>al conclusion. In his order he simply refers to thedate on which the above said events were taken place which will not satisfy therequirements to be done by him so as to decide the f<strong>in</strong>al issue. Unless a speak<strong>in</strong>gorder is passed by the Collector and unless he has categorically discussed everyth<strong>in</strong>g <strong>in</strong> his order, a clear <strong>in</strong>ference can be drawn as if he has decided the presentissue <strong>in</strong> a mechanical manner arbitrarily, without hav<strong>in</strong>g any subjective satisfaction.It is pert<strong>in</strong>ent to say here<strong>in</strong> that the view of each and every member <strong>in</strong> thisconnection which has been expressed dur<strong>in</strong>g the course of view ascerta<strong>in</strong><strong>in</strong>g

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