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2001 Supreme(SC) 325

B.N.AGARWAL, G.B.PATTANAIK
S. Ramanathan – Appellant
Versus
Chief Judicial Magistrate, Chengalpattu – Respondent


G.B.PATTANAIK, J.

(1) THE appellant was serving as a Head Clerk in the court of the Sub - Divisional Magistrate at Poonamallee in the State of Chennai. A disciplinary proceeding was initiated and the appellant was called upon to explain three charges.

(2) THE delinquent submitted his explanation to the charges and ultimately he was found guilty of all the three charges. The Chief Judicial Magistrate who was the Disciplinary Authority agreed with the findings of the Inquiry Officer and came to hold that the delinquent should be dismissed from service and accordingly an order of dismissal was passed against him. The Disciplinary Authority further held that the loss to the tune of Rs. 1,27,529.30 paise sustained by the Government of Tamil Nadu will be recovered from the delinquent personally from the amount; due to him from the Government of Tamil Nadu and from the security deposit made by him and from out of the properties belonging to him or owned by him. The delinquent preferred an appeal under the provisions of the Tamil Nadu Civil Services (Classification, Control & Appeal) Rules [for short "the Rules"] assailing the order of punishment. The Appellat





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