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2019 Supreme(Mad) 1656

R.SUBBIAH, C.SARAVANAN
K. V. Mahendra Boopathi – Appellant
Versus
High Court represented by The Registrar General High Court Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondents: M. Santhana Raman, V. Shanmuga Sundaram, Special Government Pleader.

JUDGMENT :

R. SUBBIAH, J.

1. The petitioner seeks to quash the order passed by the first respondent in G.O. (2D) Ms. No. 195, Home (Courts-1) Department dated 08.06.2018 and for a consequential direction to the respondents to reinstate him in service as Judicial Magistrate with all attendant benefits such as seniority and promotion.

2. The petitioner was appointed as Civil Judge on 11.03.2009. After necessary training he was posted as Additional District Munsif, Padmanabhapuram. Thereafter, the petitioner had served in various Districts and finally he was posted as Judicial Magistrate, Melur, Madurai District. While so, on 22.03.2016, the petitioner was served with a charge memo by the first respondent under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules containing two charges and he was called upon to submit his explanation within 21 days from the receipt of charge memo. The charges framed against the petitioner reads as follows:-

"Charge No.1: That you, Thiru. K.V. Mahendra Boopathi, Judicial Magistrate, Melur, having known the fact that one S.M.P. Amalan, Advocate for Complainant in Crime No. 169 of 2014, has given a complaint against you to the Hon'ble H

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