M. VENUGOPAL, J.

W.P.No.2549 of 2006:

The petitioner has projected this Writ Petition seeking the relief of Writ of Certiorari in calling for the records from the respondents and to quash the order of the 2nd respondent in ROC No.52/2000-Con.B2 dated 22.12.2004 and the order of the 1st respondent in ROC No.52/2000.Con.B2 dated 9.9.2005 confirming the order of the 2nd respondent and resultantly to direct the respondents in reinstating the petitioner in service with full backwages, continuity of service and all other attendant benefits and pass such order or directions.

2. According to the petitioner, he was appointed as a Reader in High Court, Madras on 5.7.1989. He was promoted as Assistant. In March 1992, he was transferred to the Principal District Court, Dindigul wherein he worked till the year 2000. Subsequently, he was transferred to Additional Sub Court,Salem and he joined at Salem on 14.7.2000.

3. While he was serving at Salem, he received a memo from the 2nd respondent/Registrar General, High Court, Madras enclosing the report of the Special Officer, Vigilance Cell, High Court dated 6.6.2000, in and by which he was required to offer his explanation.

4. It is the case of the petitioner that the Report given by the Vigilance Officer was in respect of an allegation against R.Balasubramaniam, the then Additional District Judge cum Chief Judicial Magistrate, Dindigul in the matter of transfer, promotion and appointment for monetary consideration under his influence or Alageswaran, Sheristadar (writ petitioner in W.P.No.38511 of 2005).

5. The other allegation relates to the receipt of valuable gifts at the time of inspection by R.Balasubramaniam, the then Additional District Judge cum Chief Judicial Magistrate, (in short ADJ-Cum-CJM) Dindigul. Also the allegation is that the said ADJ-Cum-CJM received household requirements from him, Alageswaran and other staff members. Added further, the 4th allegation is that the said ADJ-Cum-CJM demanded to arrange tourist car through staff at their expenses. The 5th allegation pertains to the said ADJ-Cum-CJM misusing his official position to induce the Principal District Munsiff, to write the judgment at his command. The 6th allegation is in respect of misuse of office by Alageswaran (writ petitioner in W.P.No.38511 of 2005).

6. The stand of the petitioner is that the very allegations do not, in any way, relate to him. He submitted his explanation on 6.12.2000 to the Vigilance Officer's Report. In his explanation, he had mentioned that allegations were not pointed towards him. He also demonstrated that the Vigilance Officer had dragged his name unnecessarily, when he had nothing to do with the allegations levelled against the said Additional District Judge cum Chief Judicial Magistrate and Alageswaran. The petitioner takes a plea that for the transfer made in the office of the Additional District Judge cum Chief Judicial Magistrate, Dindigul, he had no role to play as he was working in the office of the Principal District Judge, Dindigul. Moreover, he had no role to play in any appointment or promotion and that some statements furnished by some employees were vague and without any basis. He had also stated that he had nothing to do with the so called common fund. The allegation that he supplied and serviced the Principal District Judge was also without any material. In short, he demonstrated that the allegations levelled against him had nothing to do with him inasmuch as he was working only as an Assistant.

7. The 2nd respondent/Registrar General issued a charge memo dated 24.9.2000 levelling four charges against the petitioner as per Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Out of the four charges, the enquiry officer held that the last charge was not proved. The substance of the 1st charge, relating to the petitioner, is that while he was working as an Assistant, Principal District Court, Dindigul, he along with Alageswaran, then Sheristadar of C