HC relief for Block Development Officer

HC relief for Block Development Officer

THE HINDU BUREAU

MADURAI

22.11.23

Bringing relief to a Block Development Officer (BDO), the Madurai Bench of the Madras High Court has directed the Thanjavur Collector to return ₹43,899 that was recovered from the petitioner. The court was hearing a petition filed by D. Raghunathan, who said he was promoted as a BDO and joined the panchayat union office Thiruvaiyaru in 2015.

In 2005, one Chinnaiyan fell down on the road at Kadambangudi village and kept his hand on the wall of a school adjacent to the road. Due to rainfall and short circuit, electricity passed on the wall and he was electrocuted. The father of Chinnaiyan who tried to rescue him also suffered an electric shock and died on the way to hospital.

The legal heirs of the deceased filed suits and claimed compensation. The Electricity Board and the District Educational Officer were arrayed as defendants. The Thiruvaiyaru BDO was made a defendant in 2011.

Though the previous BDO received summons, he did not take steps to contest the suits. The EB and the Education Department contested the case and the trial court awarded the compensation. Execution petitions were filed and subsequently attachment was ordered.

The Collector ordered payment of the decretal amount from the general funds of the panchayat union. The BDOs who held office from March 31, 2005 to February 21, 2015 were asked to deposit an amount. The petitioner was also directed to pay ₹43,899. The petitioner had joined on February 21, 2015, after the ex-parte judgment was passed in 2014. He challenged the order passed by the Collector.

Justice Battu Devanand observed that there was no fault on the part of the petitioner in the entire episode, from the date of the unfortunate incident of the electrocution to the date of the attachment order passed in the execution proceedings. No notice was issued to the petitioner calling for his explanation. The order issued by the Collector was against the principles of natural justice and was liable to be set aside, the court observed.