S. RASALAM Vs. COMMISSIONER

JUDGEMENT

(1.) THIS Writ Petition is directed against the order dated 19.03.2013, whereby and whereunder the District Collector, Kanyakumari District, placed the petitioner under suspension pending initiation of disciplinary proceedings.

(2.) THE petitioner is a Vocational Instructor appointed by the Adi Dravidar and Tribal Welfare Department. While he was functioning as Insurance Teacher at Government Tribal Residential Higher Secondary School, Pechiparai, in the district of Kanyakumari, he was suspended from service. The suspension order was issued by the District Collector on 19.03.2013. The order is challenged primarily on the ground that the District Collector is not authorised to suspend the employees of Adi Dravidar and Tribal Welfare Department.

(3.) THE District Collector, in his counter -affidavit, justified the action taken against the petitioner. According to the District Collector, the petitioner took 8 students of the Institution studying in XII Standard, to the District Collectorate, notwithstanding the fact that the annual examination was fast approaching. Since it was a serious misconduct, immediate action was taken to initiate disciplinary proceedings and pending such enquiry, to suspend him from service. The Director of Adi Dravidar and Tribal Welfare Department, vide proceedings dated 20.03.2013, ratified the action taken by the District Collector. Subsequently, disciplinary proceedings were initiated and charge memo was issued to the petitioner. According to the District Collector, he is the officer in -charge of the District and as such, it is his duty to take appropriate action against the subordinate officers of all the Departments.