M NATANAM Vs. ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS AND FIT PERSON ARULMIGHU THILLAI KALLAMMAN THIRUKOVIL CHIDAMBARAM

JUDGEMENT

(1.) IN this writ petition the petitioner, an employee of Arumighu Thillai Kaliamman Thirukovil prays for the issue of writ of certiorarified mandamus calling for the records relating to the order to the first respondent in N.Ka.No.47 of 1998 Ai, dated 16.8.1999, quash the same and forbear the respondents from in any manner interfering with the functioning of the petitioner as clerk in the said temple.

(2.) AS the contentions raised in the writ petition is covered by the various pronouncements of the Apex Court as well as this Court and as the writ petition lies in a narrow compass, this court directed the counsel for the petitioner to serve notice on Mr.R. Balasubramanian, Special Government Pleader (HR & CE). Accordingly the Special Government Pleader who had been served with the notice had entered appearance and also filed counter on behalf of the respondents. With the consent of the learned counsel for either side, the writ petition itself is taken up for final disposal.

(3.) AS seen from the impugned proceedings the enquiry officer had submitted his report dated 13.8.1999 and the impugned order has been passed within three days i.e., on 16.8.1999 imposing the penalty of removal from service. The first respondent had not only accepted the findings reported by the Enquiry Officer, but also accepted the penalty proposed by the enquiry officer and by the impugned order imposed the penalty of removal from service.