RADHAKRISHNAN, J.

The question that has come up for consideration is whether President of a Gram Panchayat has got power to take disciplinary action against a non-gazetted Government servant allotted to the Panchayat. Learned Single Judge took the view that since first respondent-petitioner was not appointed by the President of the Gram Panchayat he has no power to take disciplinary proceedings against the petitioner.

Short facts which are necessary for the disposal of the case are as follows : Petitioner in the original petition was working as U.D. Clerk in the Elikulam Gram Panchayat. Petitioner accepted two applications, one from M. K. Gopalan and another from Sherly Emmanuel for regularisation of certain unauthorised construction and issued receipts for entertaining the applications. Panchayat Committee met on 1-7-2000 noticed that the said conduct of the petitioner was unauthorized and illegal. On the basis of the resolution of the Panchayat Committee, President issued an order dated 1-7-2000 placing the petitioner under suspension pending disciplinary proceedings. It is that order which was challenged in the writ petition.

Counsel for the petitioner Sri M. J. Thomas