7.The charge levelled against the petitioner is that he appointed one P.Mariappan as Maniam without permission of the Commissioner, HR & CE Department. For the Temple in question, Fit Person was appointed and he is discharging the duties of Trustees. As per Section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the Trustees have power to appoint Office Holders or Servants of religious Institutions. When such power was tried to taken away by G.O.Ms.No.255, Tamil Development Religious Endowment & Information (RE.4-2) Department, dated 28.06.2010, the Division Bench of this Court, by judgment dated 22.01.2015, made in W.A.No.491 of 2013, quashed the same and the said Government Order has become null and void. The charge against the petitioner is that he appointed one P.Mariappan as Maniam without permission of the Commissioner. In the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and the Rules framed thereunder, there is no provision for obtaining prior permission from the Commissioner for making appointment. Further, by proceedings dated 31.10.1991, the Deputy Commissioner, Tirunelveli, has fixed the salary of employees of the Temple, which includes the post of Maniam. The Trustees and when a Fit Person is appointed in the place of Trustee, he has power to appoint a person without prior permission of the Commissioner, H.R. & C.E. Department. In the present case, the petitioner appointed one P.Mariappan as Maniam and the same was approved by the Fit Person, by Resolution dated 29.05.2013. The charge against the petitioner is not that without approval of the Fit Person, he appointed the said P.Mariappan as Maniam.
