Judicial Officers must maintain integrity; systemic lapses resulting in failure to uphold justice warrant severe disciplinary action such as dismissal.

ORDER

S.M.Subramaniam, J.

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to order dated 05.10.2020 in G.O.2(D) No.239 of the first respondent herein and quash the same and consequently direct the respondents to reinstate the petitioner as Civil Judge, Junior Division with effect from 05.10.2020 with all attendant benefits.)

1. The punishment of dismissal from service issued vide G.O.(2D) No.239, Home (Courts-I) Department, dated 05.10.2020, is under challenge in the present writ petition.

2. The petitioner was appointed as Civil Judge (Junior Division) in Tamil Nadu Judicial Service on 12.02.2009. She was serving as District Munsif-cum-Judicial Magistrate at Thenganikottai during the year 2015. A charge memorandum was issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules on 02.06.2017 framing 13 charges against the petitioner. They are:-

“CHARGE No.1

That you, Tmt. Savithiri, Civil Judge of Tamil Nadu State Judicial Services, (now under suspension) while functioning as District Munsif cum Judicial Magistrate, Denkanikottai, though on 09.10.2015 remanded the two accused by name Balamurugan son of Raji and Krishnamoorthy son of Raji in Crl.No. 194/2015 of Anchetty Police Station, had allowed them to go scot free without remand and that having very well known that those accused were not at all in judicial custody, you ordered bail on 12.10.2015 in Crl.M.P.No.2382 of 2015, as if those accused were in Judicial custody, thereby you violated the mandatory provisions of Law, Rules and Procedure and failed to maintain absolute integrity and devotion to duty ad have acted in a manner which is unbecoming of a judicial Officer, violating Rule 20 of the Tamil Nadu Government servants ' conduct Rules, 1973” thereby you rendered yourself liable to be proceeded with under Rule 17B of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

CHARGE No II:

That you, Tmt. Savithiri, Civil Judge of Tamil Nadu State Judicial Services, (now under suspension) while functioning as District Munsif cum Judicial Magistrate, Denkanikottai, though on 12.10.2015 remanded the two accused by name Thiru Naveen Kumar, Son of Kaveriappan in Crime NO. 479/2015 of Thally Police Station till 26.10.2015, and having very well known that the said accused not all sent to judicial custody, you ordered bail on 13.10.2015 in Crl.M.P. No. 2379 of 2015, as if the said accused were in Judicial custody, thereby you manipulated the records. Thus, you have committed the acts of violation of mandatory provisions of Law, Rules and Procedure and failed to maintain absolute integrity and devotion to duty and have acted in a manner which is unbecoming of a Judicial Officer, violating Rule 20 of the Tamil Nadu Government servants ' conduct Rules, 1973” thereby you rendered yourself liable to be proceeded with under Rule 17B of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

CHARGE No. III

That you, Tmt. Savithiri, Civil Judge of Tamil Nadu State Judicial Services, (now under suspension) while functioning as District Munsif cum Judicial Magistrate, Denkanikottai, has passed order on 03.10.2015 to remand the accused by name Tmt. Sujatha, Wife of Thirumalesh in Crime No.501/2015 of Kelamangalam Police Station, in spite of the remand order, you have not taken any steps to send the accused to prison and allowed her to move freely which is evident from the petition for surr