Balakrishnan Nair, J.

The third respondent in the Writ Petition, the High Court of Kerala, represented by its Registrar, is the appellant. The 1st respondent herein was the writ petitioner.

2. The brief facts of the case are the following:

The 1st respondent, while working as Judicial First Class Magistrate, Palakkad, was suspended from service on 12.2.1994, in contemplation of disciplinary proceedings. It appears, the suspension was preceded by certain preliminary enquiries held by the High Court through its Vigilance Wing The preliminary enquiry against him was held based on a report filed by the Chief Judicial Magistrate, Palakkad, who noticed some irregularities committed by the 1st respondent. Later, the 1st respondent was served with Ext.P1 memo of charges on 5.3.1994. The allegations in Ext.P1 memo were to the effect that he tampered with the depositions of PWs.3, 4 and 7 in C.C.No.73/1991, a case tried by him, so as to help the accused. The 1st respondent submitted Ext.P2 reply to the said charge- sheet. He admitted the existence of tampering in the depositions, but contended that he was not responsible for it. Later, he was served with Ext.P3 memo of charges dat