The main legal point established in the judgment is that in matters relating to charges of corruption and misconduct against a Judicial Officer, strict view has to be taken, and the evidence presented before the Enquiry Officer is sufficient to prove the charges.

ELIPE DHARMA RAO, J.

1. The petitioner challenges the proceedings of the second respondent dated 2 March, 2007 whereby and whereunder she was dismissed from service.

2. In the affidavit filed in support of the writ petition, the petitioner would contend thus:-

.(i) The petitioner was appointed as a Civil Judge (Junior Division)/Judicial Magistrate – I Class as per proceedings in G.O.Ms.No.1517 dated 111. 1999. After initial training as District Munsif, she was posted as Judicial Magistrate – I Class at Dindigul.

.(ii) While she was functioning as Judicial Magistrate, Dindigul, a criminal case for dowry harassment and related offences was filed by one Sundareswari in Crime No.19/1999 before All Women Police Station, Dindigul. After investigation, a charge sheet was laid against the accused before the Judicial Magistrate Court at Dindigul. The case was taken on file in C.C.No.97 of 2000. After elaborate trial, the accused was acquitted as per judgment dated 1. 2001. The judgment was partly confirmed by the High Court.

(iii) While acquitting the accused, the petitioner passed strictures against the police officers for filing a false case. As a result, the police, the Assistant Public Prosecutor and the father of the complainant were inimically disposed of towards the petitioner. Therefore they preferred a false complaint alleging that the petitioner has demanded bribe of Rs.20,000/- from the father of the complainant for convicting the accused. The complaint was preferred on 21 February, 2001. However, after three months, the complainant Marimuthu changed the story and he has come up with a story that the petitioner has demanded bribe of Rs.2,00,000/-.

(iv) Thepetitioner was placed under suspension by order dated 29 November, 2001. She was served with a charge memo on 21 March, 2003 enumerating eight charges, which reads thus:-

Charge No.1:-

That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul had applied for Casual Leave for one day on 25. 2000 and permission to avail the Holidays on 20.5.2000 and 25. 2000 to go to Madurai for personal reasons, but proceeded to Kodaikanal with family members thus you had deliberately and wantonly suppressed the facts of proceeding to Kodaikanal with ulterior motive and thereby committed the acts of dereliction of duty, suppressing the facts and giving false information to the superiors, misuse of power and abuse of power and conduct unbecoming of a Judicial Officer and thereby rendered yourself liable to be punishable under the Tamil Nadu Civil Services (Discipline and Appeal) Rules;

Charge No.2:

That you Tmt.R. Kalarani, Civil Judge (Junior Division)/J.M.F.C. now under suspension, while functioning as Judicial Magistrate No.I, Dindigul during the course of the trial in C.C.No.97/00 on the file of the said court demanded from Thiru B.V.R.Marimuthu one of the witnesses in the said case to hire a car for you, to proceed to Kodaikanal; that you, your family members along with the said Thiru B.V.R.Marimuthu travelled in that hired car bearing Registration No.T.N.V.2757 to Kodaikanal on 20.5.2000; that you stayed at Kodaikanal in"Valley View" Hotel, arranged by the said Thiru Marimuthu from 20.5.2000 to 25. 2000 , that you along with your family members and the said Thiru Marimuthu met Thiru Kurian Abraham, then Chairman Kodaikanal Municipality at his residence on 20.5.2000, in connection with the said C.C.97/2000, discussed with them about the case; that you with your family members, Thiru Marimuthu and Thiru Kurian Abraham took various photographs at his residence, took tiffin along with them and thus mingled with the litigants of the case, which you ought not to have done, thereby indulged in corrupt practices and committed the acts of misuse of power, abuse of power, failure to maintain the dignity and decorum expected from a Judicial Officer and conduct unbecoming of the Judicial Officer and t