S.NAINAR SUNDARAM
K. M. Mutusamy – Appellant
Versus
The Commissioner, Panchayat Union – Respondent
S. Nainar Sundaram, J.
1. The petitioner in Writ Petition No. 796 of 1977 is the appellant in this writ appeal. He was working as a Junior Assistant in. Thockanaickanpalayam Panchayat Union Council on his transfer from Sathia mangalam panchayat Union. While he was so working, it is alleged that he committed serious irregularities and he was suspended pending enquiry. We do not feel obliged to go into the merits of the charges levelled against the appellant in view of the scope of the controversy raised in the writ appeal. Disciplinary action was taken against him by the first respondent in 1976 and it ended in an order of removal from service on 11th June, 1976, passed by the first respondent. The appellant preferred an appeal to the second respondent and the appellant succeeded only in getting the order of punishment modified into one of reversion as a Record Clerk. This order of the second respondent was passed on 23rd December, 1976. Challenging the proceedings of the respondents, the appellant preferred the above the writ petition and Koshal, J., as he then was, who heard the matter dismissed it in limine, pointing out that there is another remedy by way of a civil suit
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