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2019 Supreme(Mad) 3302

AMRESHWAR PRATAP SAHI, SUBRAMONIUM PRASAD
A. Ananthakumar – Appellant
Versus
Registrar General, High Court Madras – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Gnanasekar
For the Respondent: C.T. Mohan and B. Vijay

ORDER :

Subramonium Prasad, J.

1. The short but important question of law which arises in this writ petition is whether an authority higher to the delinquent officer can suspend the delinquent officer when the higher authority is not the appointing authority.

2. The facts which arise in this case lies in a very narrow compass. The writ petitioner was initially appointed as senior bailiff in Thiruvallur District. He was promoted as a Junior Assistant. A memo dated 21.05.2019 from the office of the District Munsif-cum-Judicial Magistrate, Gummidipoondi, Tiruvallur District, was served on him alleging that the petitioner had neglected the following assignments :-

    1. Charge sheet register not updated.

2. Summons/Notice not issued to the accused/parties.

3. CMP's have not been rounded off in CMP Register.

4. Petitions u/s. 317 CRPC and Admission petitions have not been assigned with CMP Number.

5. Cases listed for hearing were not prepared daily.

3. The writ petitioner submitted his explanation and he was served with another memo by the District Munsif-cum-Judicial Magistrate, Gummidipoondi, on 17.07.2019, stating that he is lethargic and has been negligent in performing his work. The memo stat

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