{"id":255287,"date":"2009-12-08T00:00:00","date_gmt":"2009-12-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mathina-maharibha-vs-the-district-collector-cum-on-8-december-2009"},"modified":"2017-01-10T08:01:29","modified_gmt":"2017-01-10T02:31:29","slug":"mathina-maharibha-vs-the-district-collector-cum-on-8-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mathina-maharibha-vs-the-district-collector-cum-on-8-december-2009","title":{"rendered":"Mathina Maharibha vs The District Collector Cum on 8 December, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Mathina Maharibha vs The District Collector Cum on 8 December, 2009<\/div>\n<pre id=\"pre_1\">       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\nDATE: 08\/12\/2009\n\nCORAM\nTHE HONOURABLE MR.JUSTICE M.JAICHANDREN\n\nWrit Petition(MD) No.7683 of 2009\nand\nM.P.Nos.1, 2 and 3 of 2009\n\nMathina Maharibha \t\t\t\t.. Petitioner.\n\nVersus\n\n1. The District Collector cum\nInspector of Panchayats,\nMadurai District, Madurai.\n\n2.The Block Development Officer\n(Village Panchayats),\nMadurai East Panchayat Union,\nMadurai District.\t\t\t\t.. Respondents.\n\nPrayer\n\nPetition filed seeking for a writ of Certiorarified Mandamus, calling\nfor the records of the impugned order passed by the 1st respondent vide his\nprocedings in Na.Ka.No.2724\/2009\/A4, dated 21.7.2009, and the consequential\norder passed by the 2nd respondent in Na.Ka.No.2130\/2009\/Thi.3, dated 23.7.2009\nand quash the same and consequently, direct the respondents to handover the\nentire account books and cheque book to the petitioner.\n\n!For Petitioner\t...  Mr.K.Mahendran\n^For Respondents...  Mr.S.C.Herold Singh (R1)\n\t\t     Government Advocate\n\t\t     Mr.M.Saravana Kumar (R2)\n\n:ORDER\n<\/pre>\n<p id=\"p_1\">\tHeard the learned counsel appearing for the petitioner and the learned<br \/>\ncounsels appearing for the respondents.\n<\/p>\n<p id=\"p_1\">\t2. The petitioner has stated that she had been elected as the Vice<br \/>\nPresident of Mathur Village Panchayat, during the year, 2006. She has been<br \/>\ncarrying on the functions, as the Vice President of the said Panchayat, from the<br \/>\nyear 2006. One Thanga Pandian, who is a permanent panchayat clerk in Mathur<br \/>\nVillage Panchayat and who has been in service for more than 16 years, has been<br \/>\nguiding the petitioner in carrying on her duties. While so, the Government of<br \/>\nIndia had introduced the &#8220;<a href=\"\/doc\/1294999\/\" id=\"a_1\">National Rural Employment Guarantee Act<\/a>&#8220;, through<br \/>\nwhich the &#8220;National Rural Employment Guarantee Scheme&#8221; had been formulated.\n<\/p>\n<p id=\"p_2\">\t3. The petitioner had also stated that Mathur Village Panchayat had been<br \/>\nselected for the implementation of the National Rural Employment Guarantee<br \/>\nScheme, during the financial year, 2008-2009 and funds had been allotted for the<br \/>\nimplementation of various development works in the village panchayat. Since the<br \/>\npetitioner was not fully conversant with the rules and regulations applicable to<br \/>\nthe functioning of the village panchayat and due to the fact that the petitioner<br \/>\nbeing a muslim lady,  various functions and works had been entrusted to the<br \/>\npanchayat clerk, Thangapandian, during the month of March, 2009. Accordingly,<br \/>\nvarious works were being allotted to the panchayat clerk, by the second<br \/>\nrespondent. The cheques for the works carried out were being signed by the<br \/>\npetitioner and the president of the village panchayat, namely, Elango. The<br \/>\npetitioner, as well as the President of the village panchayat, were under the<br \/>\nbelief that the release orders produced by him were genuine. Without suspecting<br \/>\nany malpractice, the petitioner and the President of the village panchayat had<br \/>\nbeen signing the cheques for the works alleged to have been carried out. There<br \/>\nwere no complaints, whatsoever, either from the beneficiaries or from the<br \/>\ngeneral public. Therefore, the petitioner was under the impression that the<br \/>\nfunctions and the works, carried on by the panchayat clerk, were in order.\n<\/p>\n<p id=\"p_3\">\t4. While so, the Deputy Block Development Officer (Village Panchayat),<br \/>\nMadurai East Panchayat Union, had conducted an inspection, on 15.4.2009, in<br \/>\nMathur Village Panchayat. At the time of the inspection, the petitioner, as well<br \/>\nas the panchayat clerk, Thangapandian, were present and they had fully co-<br \/>\noperated with the Deputy Block Development Officer concerned, to conduct his<br \/>\ninspection. During the inspection, the Deputy Block Development Officer had<br \/>\nfound out certain irregularities in the release orders issued on behalf of the<br \/>\nvillage panchayat and in the consequential payment of funds, through the cheques<br \/>\nsigned by the petitioner. It had been found that Thangapandian had prepared<br \/>\nbogus release orders said to have been given by the second respondent. He had<br \/>\nalso been maintaining a bogus bank account.\n<\/p>\n<p id=\"p_4\">\t5. The petitioner had stated that Thangapandian, apprehending that a<br \/>\ncomplaint would be lodged against him, by the petitioner, had remitted a sum of<br \/>\nRs.2,50,701\/-, on 17.3.2009, and remitted a sum of Rs.36,768\/-, on 18.3.2009,<br \/>\namounting to a total sum of Rs.2,87,469\/-. Thereafter, Thangapandian, had been<br \/>\nsuspended, on 5.6.2009, and a complaint had been preferred before the police, on<br \/>\n19.6.2009. Since the amount mentioned in the complaint was more than Rs.50,000\/-<br \/>\n, the Sub Inspector of Police concerned had returned the complaint stating that<br \/>\nit should be given to the District Crime Branch. Therefore, a complaint had been<br \/>\nsubmitted to the second respondent. Thus, it could be clearly seen that there<br \/>\nwas no intention on behalf of the petitioner to misappropriate the funds of the<br \/>\nNational Rural Employment Guarantee Scheme.\n<\/p>\n<p id=\"p_5\">\t6. It had also been stated that the Deputy Block Development Officer<br \/>\nconcerned, after verifying the relevant records, had submitted a report to the<br \/>\nsecond respondent stating that the panchayat clerk, namely, Thangapandian, was<br \/>\nthe only person responsible for the misappropriation of the funds. A criminal<br \/>\ncomplaint had also been lodged against Thangapandian, on the file of the<br \/>\nDistrict Crime Branch. Since the Inspector of Police concerned, who had arrested<br \/>\nand remanded Thangapandian, after registering a case, had included the name of<br \/>\nthe petitioner. Therefore, she had obtained an anticipatory bail from the<br \/>\nDistrict Sessions Court, Madurai.\n<\/p>\n<p id=\"p_6\">\t7. While so, the second respondent had sent letters, in Letter<br \/>\nNos.12\/2009\/Thi.6, dated 19.6.2009, 2.7.2009 and 16.7.2009, to the first<br \/>\nrespondent, stating that the petitioner had colluded with the panchayat clerk<br \/>\nand had misappropriated the funds of the National Rural Employment Guarantee<br \/>\nScheme. Based on the said letters the first respondent, by his proceedings, in<br \/>\nNa.Ka.No.2724\/2009\/A4, dated 21.7.2009, had directed the second respondent to<br \/>\nstop the cheque issuing powers of the petitioner. The second respondent had also<br \/>\nissued the proceedings, in Na.Ka.No.2130\/2009\/Thi., dated 23.7.2009, directing<br \/>\nthe writ petitioner to handover all the records, including the account books and<br \/>\nthe cheques relating to the said village panchayat. Pursuant to the said<br \/>\nproceedings issued by the second respondent all the relevant records had been<br \/>\nhanded over to the second respondent. In such circumstances, the petitioner has<br \/>\npreferred the above writ petition, under <a href=\"\/doc\/1712542\/\" id=\"a_1\">Article 226<\/a> of the Constitution of<br \/>\nIndia.\n<\/p>\n<p id=\"p_7\">\t8. The learned counsel, Mr.Mahendran, appearing on behalf of the<br \/>\npetitioner had submitted that the impugned orders passed by the respondents are<br \/>\narbitrary, illegal and void. The said orders have been passed by the<br \/>\nrespondents, without affording a reasonable opportunity to the petitioners.<br \/>\nFurther, the orders passed by the respondents are contrary to the dictum laid<br \/>\ndown by this Court in the cases, reported in S.Udayakumar V. Dist. Collector-<br \/>\ncum-Inspector of Panchayats (2009(5) MLJ 537), Pugazhendran, President,<br \/>\nBrammapuram Village Panchayat, Katpadi Panchayat Union, Katpadi Taluk, Vellore<br \/>\nDistrict Vs. B.G.Balu and others (2005(1) CTC 545) K.Valarmathi Vs. The District<br \/>\nCollector, Coimbatore District and others (2006(2) L.W. 19).\n<\/p>\n<p id=\"p_8\">\t9. The learned counsel for the petitioner had also submitted that the<br \/>\nrespondents had failed to comply with Rule 3 of the Tamil Nadu Panchayats<br \/>\n(Control of Emergency Powers of Collector or Inspector) Rules, 2001. He had<br \/>\nfurther submitted that the respondents ought not to have invoked Section 203 of<br \/>\nthe Tamil Nadu Panchayats Act, 1994, as it should have been made use of only<br \/>\nunder extraordinary circumstances. The impugned orders have been passed contrary<br \/>\nto Articles 14 and 21 of the Constitution of India and in violation of the<br \/>\nprinciples of natural justice.\n<\/p>\n<p id=\"p_9\">\t10. In the counter affidavit filed on behalf of the respondents it has<br \/>\nbeen stated that the petitioner, had been elected as the Vice President of<br \/>\nMathur Village Panchayat, during the year, 2006. Having assumed charge of the<br \/>\npost of Vice President of the Village panchayat, she should have known the rules<br \/>\nand regulations and the procedures which govern the panchayat adminsitration.<br \/>\nShe cannot plead ignorance of such rules and regulations and procedures, by<br \/>\nwhich she is bound in her functions, which are highly responsible in nature.<br \/>\nDepending on the panchayat clerk and entrusting the entire functions and the<br \/>\nworks in his hands amounted to dereliction of her duties, for which she could be<br \/>\nheld liable.\n<\/p>\n<p id=\"p_10\">\t11. As per the National Rural Employment Guarantee Scheme the second<br \/>\nrespondent had issued the release orders. However, the petitioner had verified<br \/>\nand signed the nominal muster roll and had checked the release order at the time<br \/>\nof the issuing of the cheques. However, the petitioner had concealed the said<br \/>\nfacts, for reasons best known to her. It had been found that only the excess<br \/>\namounts had been drawn through cheques, besides the amounts due to the<br \/>\nbeneficiaries, by committing forgery. Therefore, there has been no complaint<br \/>\nfrom the beneficiaries. No action had been taken against the errant clerk,<br \/>\nexcept suspending him from service, on 5.6.2009. Later, a complaint had been<br \/>\nlodged before the District Crime Branch since the amount involved is in excess<br \/>\nof Rs.50,000\/-. In fact, the inspection had been conducted, on 15.4.2009, in<br \/>\nMathur Village Panchayat, only by the Deputy Block Development Officer (National<br \/>\nRural Employment Guarantee Scheme), Madurai East Panchayat Union and not by the<br \/>\nDeputy Block Development Officer (Village Panchayat), as alleged by the<br \/>\npetitioner. In the report submitted by the Deputy Block Development Officer<br \/>\n(National Rural Employment Guarantee Scheme) to the second respondent it has<br \/>\nbeen stated that forged released orders had been prepared by the Panchayat<br \/>\nclerk, with the help of the petitioner. Thus, an amount of Rs.2,86,131\/- had<br \/>\nbeen misappropriated.\n<\/p>\n<p id=\"p_11\">\t12. It has been further stated that the petitioner had been given<br \/>\nsufficient opportunity to submit her explanation. A show cause notice had been<br \/>\nissued to her, as well as to the Panchayat Clerk, Thangapandian, by the Block<br \/>\nDevelopment Officer (Village Panchayat) Madurai East, in his letters<br \/>\nRc.No.180\/09\/T6, dated 15.4.2009, 21.5.2009 and 29.5.2009. No reply had been<br \/>\nreceived from the petitioner, as well as the panchayat clerk, till date. The<br \/>\norder passed by the first respondent and the consequential order passed by the<br \/>\nsecond respondent, are well within the rules and the provisions of the Tamil<br \/>\nNadu Panchayats Act, 1994.\n<\/p>\n<p id=\"p_12\">\t13. The petitioner cannot claim that principles of natural justice had<br \/>\nbeen violated, since she had been given sufficient opportunity to putforth her<br \/>\ncase. However, she had not attended the enquiry, nor had she submitted a reply.<br \/>\nAs such the impugned order had been passed only in accordance with Section 203<br \/>\nof the Tamil Nadu Panchayats Act, 1994, after affording sufficient opportunity<br \/>\nto the petitioner. However, neither the petitioner, nor the panchayat clerk,<br \/>\nThangapandian, had availed the opportunities given to them, to defend<br \/>\nthemselves.\n<\/p>\n<p id=\"p_13\">\t14. It has been further stated that a Vice President of a Village<br \/>\nPanchayat is appointed, as its Executive Officer, as per G.O.(Per) No.225<br \/>\nR.D.(E1) Department, dated 15.10.1996. Thereby, the petitioner is responsible<br \/>\nfor the financial transactions of the village panchayat. Since the petitioner<br \/>\nhad misappropriated more than a sum of rupees  Rs.2,50,000\/-, the respondents<br \/>\nhad to invoke Section 203 of the Tamil Nadu Panchayats Act, 1994. It has also<br \/>\nbeen stated that the second respondent has the responsibility of inspecting the<br \/>\npanchayat in the capacity of a Block Development Officer, as also that of a<br \/>\nDeputy Block Development Officer, as per G.O.(Per) No.238 R.D (E5) Department,<br \/>\ndated 25.7.1997, and G.O.(Per) No.264 R.D. Department, dated 21.12.1999.<br \/>\nFurther, the provisions of the Tamil Nadu Panchayats Act, 1994, provides the<br \/>\nrole to the Block Development Officer (Village Panchayat) to perform the<br \/>\nstatutory functions, instead of the elected office bearers of the village<br \/>\npanchayats, when they fail to perform their assigned duties, in the right<br \/>\nmanner, in accordance with law. Sections 200 and 201 of the Tamil Nadu<br \/>\nPanchayats Act, 1994, stipulates that necessary records may be inspected, during<br \/>\ninspection and to take charge of the records from the elected representatives.\n<\/p>\n<p id=\"p_14\">\t15. It has also been stated that the Assistant Director (Audit) had been<br \/>\nappointed as the Enquiry Officer to enquire into the alleged misappropriation of<br \/>\nfunds by the petitioner. He had sent a show cause notice, on 14.7.2009, asking<br \/>\nthem to attend the enquiry scheduled to be held, on 20.7.2009. However, the<br \/>\npetitioner has not appeared before the enquiry officer on the said date.<br \/>\nThereafter, the Assistant Director (Audit) had gone to the panchayat office, on<br \/>\n21.7.2009, and he had made an inspection of the concerned records, in the<br \/>\npresence of the petitioner. Thereafter, he had submitted a report, on 21.7.2009,<br \/>\nstating that Panchayat Funds had been misappropriated, to the tune of<br \/>\nRs.2,86,131\/- and he has requested the District Collector to take appropriate<br \/>\naction against the petitioner and against the Panchayat Clerk concerned. Based<br \/>\non the report of the Assistant Director (Audit) charges had been framed against<br \/>\nher and a show cause notice had been issued by the District Collector, the first<br \/>\nrespondent herein, asking the petitioner to show cause as to why action should<br \/>\nnot be taken against her, under Section 205(1) of the Tamil Nadu Panchayats Act,<br \/>\n1994, in his proceedings, in Na.Ka.No.2724\/09\/A4, dated 25.7.2009. The said<br \/>\nprocedure is in accordance with the provisions of the Act and therefore, the<br \/>\nwrit petition filed by the petitioner is devoid of merits and therefore, is is<br \/>\nliable to be dismissed.\n<\/p>\n<p id=\"p_15\">\t16. The learned counsel for the petitioner had relied on the following<br \/>\ndecisions in support of his contentions:\n<\/p>\n<p id=\"p_16\">\t1) <a href=\"\/doc\/1381055\/\" id=\"a_2\">In S.Udayakumar V. District Collector-cum-Inspector of Panchayats<\/a><br \/>\n(2009(5) MLJ 537), it has been held as follows:\n<\/p>\n<p id=\"p_17\">\t&#8220;The power given to the Collector or Inspector was an emergency power to<br \/>\ndo certain acts in the interest of the panchayat. It was not an ordinary power<br \/>\nto interfere in the affairs of the village panchayat. In case the village<br \/>\nPanchayat President or Executive Authority makes default in performing nay of<br \/>\nthe duties imposed by or under the provisions of the Act,t he Inspector was<br \/>\ngiven powers under <a href=\"\/doc\/1294999\/\" id=\"a_3\">Section 204<\/a> of the Act to take appropriate action. The<br \/>\nCollector or Inspector was not obliged to use the emergency powers as a routine<br \/>\nmeasure. There was nothing mentioned in <a href=\"\/doc\/1294999\/\" id=\"a_4\">Section 203<\/a> of the Act which authorises<br \/>\nthe Collector to divest the President of his cheque signing powers  during the<br \/>\npendency of a proceeding under <a href=\"\/doc\/1294999\/\" id=\"a_5\">Section 205<\/a> of the Act. The President would be<br \/>\ndivested of his powers only in th event of an order passed under <a href=\"\/doc\/1294999\/\" id=\"a_6\">Section 205(11)<\/a><br \/>\nof the Act. Unless and until a notification was issued under <a href=\"\/doc\/1294999\/\" id=\"a_7\">Section 205(11)<\/a> of<br \/>\nthe Act, the President has tobe permitted to exercise his powers as a President<br \/>\nof the panchayat. The charge against the petitioner was not something related to<br \/>\nhis failure to sign the cheque along with the Vice President. The charges were<br \/>\nacts of misappropriation warranting action under <a href=\"\/doc\/1294999\/\" id=\"a_8\">Section 205<\/a> of the Act. By way<br \/>\nof the impugned proceeding, the Collector, in exercise of the powers under<br \/>\n<a href=\"\/doc\/1294999\/\" id=\"a_9\">Section 203<\/a> of the ACt, has divested the petitioner of his power to sign the<br \/>\ncheque along with the Vice President. Not even a notice was issued to the<br \/>\npetitioner before issuing such proceedings. It was only as a consequential<br \/>\nproceedings initiated under <a href=\"\/doc\/1294999\/\" id=\"a_10\">Section 205<\/a> of the Act, the Collector has issued the<br \/>\nimpugned proceedings divesting the petitioner of his power to sign the cheque.<br \/>\nIn any case, before divesting the petitioner of his power to sign the cheque,<br \/>\nreasonable opportunity should have been given to him. It is not as if the momen<br \/>\naction under <a href=\"\/doc\/1294999\/\" id=\"a_11\">Section 205<\/a> of the Act was taken against the President, he should<br \/>\nbe divested of the power to sign cheques. <a href=\"\/doc\/1294999\/\" id=\"a_12\">Section 203<\/a> of the Act is not intended<br \/>\nfor suchpurposes. It was only to tide over an emergency situation, power is<br \/>\ngiven to the Collector under <a href=\"\/doc\/1294999\/\" id=\"a_13\">Section 203<\/a> of the Act. The said power cannot be<br \/>\nused in an ordinary situation. In any case, there was a clear violatin of<br \/>\nprinciples of natural justice also, as the petitioner was not given notice<br \/>\nbefore divesting him of the power to sign the cheques.&#8221;\n<\/p>\n<p id=\"p_18\">\t2) In W.P.No.4310 of 2009 (Kasi Rajan Vs. The District Collector and<br \/>\nothers), this Court, by its order, dated 16.9.2009, by relying on the various<br \/>\ndecisions of the Courts of law had held as follows:\n<\/p>\n<p id=\"p_19\">\t&#8220;In view of the decisions referred to above, the law on the subject is<br \/>\nwell settled that such power vested with the ward member of the village<br \/>\npanchayat to act as a co-signatory to the cheques to be signed for and on behalf<br \/>\nof the panchayat cannot be taken away without affording an opportunity and<br \/>\nwithout issuing a notice. Admittedly, in the instant case, no notice has been<br \/>\nissued to the petitioner before the impugned was passed. Therefore, on this sole<br \/>\nground alone, the petitioner has to succeed and accordingly, the writ petition<br \/>\nis allowed and the impugned order is set aside. The matter is remitted back to<br \/>\nthe first respondent to issue a fresh notice to the petitioner clearly setting<br \/>\nout the allegations against the petitioner and the reason why the first<br \/>\nrespondent proposes to invoke power under <a href=\"\/doc\/1294999\/\" id=\"a_14\">Section 206<\/a> of the Act and thereafter,<br \/>\nthe petitioner shall be entitled to submit his objections and the first<br \/>\nrepondent after considering his objections shall pass appropriate orders, on<br \/>\nmerits and in accordance with law. The entire exercise shall be completed within<br \/>\na period of three weeks from the date of receipt of a copy of this order.&#8221;\n<\/p>\n<p id=\"p_20\">\t17. In view of the submissions made by the learned counsel appearing on<br \/>\nbehalf of the petitioner, as well as the learned counsels appearing on behalf of<br \/>\nthe respondents and on a perusal of the records available, this Court is of the<br \/>\nconsidered view that the petitioner has not shown sufficient cause or reason to<br \/>\ngrant the reliefs, as prayed for by her. Even though various grounds had been<br \/>\nraised by the petitioner, in challenging the impugned orders passed by the<br \/>\nrespondents, the main ground raised by the learned counsel for the petitioner is<br \/>\nthat the petitioner had been divested of her power to sign the cheques on behalf<br \/>\nof Mathur Village Panchayat, without being given an opportunity of hearing.\n<\/p>\n<p id=\"p_21\">\t18. While perusing the records placed before this Court, on behalf of the<br \/>\nrespondents and in view of the averments made in the counter affidavit filed in<br \/>\nthe above writ petition, it is clear that the petitioner had been given<br \/>\nsufficient opportunity to put forth her case, in respect of the charges levelled<br \/>\nagainst her. Even though notices had been sent to her, on 15.4.2009, 21.5.2009<br \/>\nand 29.5.2009, by the second respondent, which she had also received, asking her<br \/>\nto submit her explanation and to appear in person, along with the relevant<br \/>\nrecords, she has not chosen, either to submit her explanation or to appear in<br \/>\nperson, along with the relevant records, as required by the second respondent.<br \/>\nHence, the petitioner cannot claim that she has not been given suficient<br \/>\nopportunity to put forth her case, before the impugned orders had been passed.\n<\/p>\n<p id=\"p_22\">\t19. Further, it would not be open to the petitioner to take shelter under<br \/>\nthe guise of ignorance of the rules and regulations and the other statutory<br \/>\nprovisions applicable to the functioning of the village panchayat. By merely<br \/>\nsaying that due to her ignorance in carrying on her functions and the works<br \/>\nassigned to her, he had delegated his responsibilities to Thangapandian, who is<br \/>\na clerk in Mathur Village Panchayat, would not be of any help to the petitioner<br \/>\nin defending herself against the allegations of misappropriation of funds<br \/>\nallotted to the National Rural Employment Guarantee Scheme. Even if certain<br \/>\nactions had been initiated against Thangapandian by suspending him from service<br \/>\nand by registering a complaint against him, such actions, by themselves, would<br \/>\nnot be sufficient proof of the innocence of the petitioner.\n<\/p>\n<p id=\"p_23\">\t20. Handling of public funds casts a heavy responsibility on the<br \/>\npetitioner. Dereliction of her duties, in handling such responsibilities, would<br \/>\nbe a serious lapse. As such she would be fully responsible for the loss of<br \/>\nfunds, even if it may not, in the ultimate analysis amount to misappropriation<br \/>\nof funds. However, in the present case, certain serious charges had been<br \/>\nlevelled against the petitioner, including the misappropriation of government<br \/>\nfunds allotted to the National Rural Employment Guarantee Scheme, by forging of<br \/>\nrecords and by issuing cheques based on bogus release orders.\n<\/p>\n<p id=\"p_24\">\t21. No doubt the truth, in repsect of the allegations levelled against the<br \/>\npetitioner, has to be ascertained by an impartial enquiry by the officers<br \/>\nconcerned, as provided under the provisions of the Tamil Nadu Panchayats Act,<br \/>\n1994, and the rules framed thereunder, till such time the enquiry, in respect of<br \/>\nthe charges levelled against her, is not completed she would not be entitled to<br \/>\nhave the cheque signing power, as it would be improper and inappropriate in the<br \/>\ngiven circumstances of the case. It is for the authorities concerned to<br \/>\ninvestigate into the matter and to come to a fair conclusion, with regard to the<br \/>\nalleged misappropriation of funds.\n<\/p>\n<p id=\"p_25\">\t22. The decisions cited by the learned counsel for the petitioner in<br \/>\nsupport of his contentions cannot come to the aid of the petitioner, since the<br \/>\nsaid decisions, cited supra, had been made in the facts and circumstances of<br \/>\nthose cases, especially, when the petitioner had been deprived of the cheque<br \/>\nsigning power, without the issuing of a notice to him, by the respondents and<br \/>\nwithout being given a reasonable opportunity of hearing.\n<\/p>\n<p id=\"p_26\">\t23. However, in the present case it is seen from the records available<br \/>\nthat notices had been issued to the petitioner asking her to show cause as to<br \/>\nwhy necessary action should not be initiated, based on the allegations levelled<br \/>\nagainst her. She had also been asked to appear in person, along with the<br \/>\nrelevant records. Even after the receipt of the said notices, the petitioner had<br \/>\nchosen not to appear in person before the respondents, for the necessary<br \/>\nenquiry. Further, no explanation had been submitted by her, to substantiate her<br \/>\nclaim that she is innocent.\n<\/p>\n<p id=\"p_27\">\t24. Further, the contention raised on behalf of the petitioner that the<br \/>\nfirst respondent, District Collector, cannot invoke the extraordinary power<br \/>\nvested in him, under Section 203 of the Tamil Nadu Panchayats Act, 1994, cannot<br \/>\nbe countenanced, especially, in view of the fact that an allegation has been<br \/>\nmade that more than a sum of Rs.2.50 lakhs had been misappropriated by the<br \/>\npetitioner, along with the clerk of the Mathur Village Panchayat, namely,<br \/>\nThangapandian. It is for the petitioner to prove that the allegations levelled<br \/>\nagainst her are without susbtance, by adducing sufficient evidence in support of<br \/>\nher claim, in the manner known to law. For the reasons stated above, the writ<br \/>\npetition is liable to be dismissed. Hence, it is dismissed. No costs.<br \/>\nConsequently, M.P.Nos.1, 2 and 3 are closed.\n<\/p>\n<p id=\"p_28\">csh<\/p>\n<p>To<\/p>\n<p id=\"p_29\">1. The District Collector cum<br \/>\nInspector of Panchayats,<br \/>\nMadurai District, Madurai.\n<\/p>\n<p id=\"p_30\">2.The Block Development Officer<br \/>\n(Village Panchayats),<br \/>\nMadurai East Panchayat Union,<br \/>\nMadurai District.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Mathina Maharibha vs The District Collector Cum on 8 December, 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 08\/12\/2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD) No.7683 of 2009 and M.P.Nos.1, 2 and 3 of 2009 Mathina Maharibha .. Petitioner. Versus 1. The District Collector cum Inspector of Panchayats, Madurai [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-255287","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Mathina Maharibha vs The District Collector Cum on 8 December, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/mathina-maharibha-vs-the-district-collector-cum-on-8-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mathina Maharibha vs The District Collector Cum on 8 December, 2009 - Free Judgements of Supreme Court &amp; 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