B.Subhashan Reddy, C.J.: This writ petition is filed questioning the order of dismissal of the petitioner in disciplinary action. The recommendation for dismissing the appellant was accepted by the first respondent in G.O.Ms.NO.1377, Public (Special-A) Department, dated 10.10.2000. The prayer is to set aside the same and to reinstate the petitioner in service with continuity of service and payment of arrears of salary, allowances and other attendant benefits.

2. The petitioner was a practising advocate having enrolled during the year 1967 and when the selection of District Munsif was notified, he applied for the same and was selected during the year 1974. After 10 years, he was promoted to the post of Sub-Judge and after another 10 years, he was promoted as District Judge Grade II. Before his removal from service, he was the Additional District Judge-cum-Chief Judicial Magistrate, Tuticorin. The disciplinary proceedings were initiated when he was in that post. He received a memorandum issued by the second respondent on 3.1.1997 with some statements recorded by the Special Officer (Vigilance Cell) of this Court. Explanation was sought for from the petitioner, which the latter had complied with. Enquiry was initiated on the basis of complaint made by members of the Pudukkottai Bar Association. Four charges were levelled against the petitioner as mentioned below:

Charge No.1: That you Thiru S.Thirupathy, while functioning as Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, passed a common order in 22 M.C.O.Ps. including M.C.O.P.No.480 of 1994 on 29.8.1996 awarding a sum of Rs.67,000 as compensation to the petitioner in the said M.C.O.P.; that when Thiru Meganathan, Advocate for the respondent in the said M.C.O.P. brought to your notice about that the claim amount was only for Rs.50,000 in the said M.C.O.P., you, on the next day, without any petition being filed, changed the compensation amount from Rs.67,000 to Rs.50,000 and thus you have violated the procedural laws in the disposal of M.C.O.P.No.480 of 1994 and committed the acts of misuse of power, abuse of the process of law and conduct becoming of a Judicial Officer and thereby rendered yourself liable to be punished under Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.2: That you Thiru S.Thirupathy, while functioning as Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, passed a common order on 29.8.1996 in 22 M.C.O.Ps. awarding a sum of Rs.67,000 as compensation to the petitioner in the M.C.O.P.No.480 of 1994; that some days later, you have changed the last 15 lines of the common order earlier pronounced in 22 M.C.O.Ps. on 29.8.1996 and awarded a sum of Rs.50,000 instead of Rs.67,000 as compensation; that as you have changed the last 15 lines, the steno-typist, Varadarajan had to remove pages 33, 34, 45 and 46 in the common order and replaced the pages 33, 34, 45 and 46 by typing in separate sheets as per the changed order; that you have also initialed in the ‘A’ Diary for striking off the line and for the alteration of the amount from 67,000 to 50,000, and thus you have committed the act of misuse of power, abuse of process of law and conduct unbecoming of a Judicial Officer and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No.3: That you Thiru S.Thirupathy, while functioning as Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, on cross-examination of the accused Kumarasamy in S.C.No.22 of 1996, came to know about the relationship of Kumarasamy, accused in S.C.No.22 of 1996 with the petitioner Tmt.Vijaya in M.C.O.P.No.409 of 1993, (the case you have reserved orders); when the accused was waiting down in the Court hall, after arguments were over, you have called Kumarasamy near to you by hand signal and asked him to come to your chamber; and when he came to your chamber, you demanded a sum of Rs.50,000 for rendering a favour

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