IMPORTANT POINT
The main legal point established in the judgment is the limited scope of judicial review in disciplinary proceedings and the authority of the disciplinary authority as the sole judge of facts.

JUDGMENT :

K. Rajasekar, J.

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, or any other appropriate writ, or order of direction for calling the records relating to the impugned Proceedings issued by the 2nd Respondent in ROC. No.6106/A/2016, dated 25.04.2017 and the subsequent order issued by the 1st respondent in ROC. Nos.77085/2017/C1 & 80775/2017/C1, dated 10.12.2019 and to quash the same and consequently directing the respondents to reinstate the petitioner into service on notional basis with all consequential and monetary benefits and to retire the petitioner from service with effect from 31.05.2019 with retirement benefits including regular pension.)

1. The relief sought for in the present writ petition is to call the records relating to the impugned Proceedings issued by the 2nd Respondent in ROC. No.6106/A/2016, dated 25.04.2017 and the subsequent order issued by the 1st respondent in ROC. Nos.77085/2017/C1 & 80775/2017/C1, dated 10.12.2019 and to quash the same and consequently to direct the respondents to reinstate the petitioner into service on notional basis with all consequential and monetary benefits and to retire the petitioner from service with effect from 31.05.2019 with retirement benefits including regular pension.

2. The brief facts leading to filing of this writ petition is as follows:

3. The petitioner herein was appointed as Copyist on 02.07.1990 in Tamil Nadu Judicial Ministerial Service and after serving in various posts, was promoted as District Court Head Clerk, in the year 2016. While she was working as Deputy Nazir on deputation, at Sub Court, Rasipuram, served with a show cause notice, dated 25.02.2016 stating that, while preparing the arrear leave salary bill relating to one Thiru. K. Thiyagarajan, a retired Junior Balliff, she has forged the signature of the Presiding Officer. Subsequent to her reply, an Order of suspension passed on 15.03.2016. Thereafter, a charge memo was issued to the petitioner on 15.06.2016. The charges framed against the petitioner reads as follows:

Charge – 1

That you, Tmt. V. Ambigavathi, while attending the work of preparing bills for both the working and the retired staff of the Nazirate Section of the Sub Court, Rasipuram have committed the imputation of misconduct or misbehaviour of irregularity and dereliction of duty by forging the signature of the Presiding Officer in preparing the arrear encashment bill of the Earned Leave salary and the Unearned Leave on Private Affairs relating to Thiru. K. Thiyagarajan, Junior Bailiff (Retired) of this Court in the TNSTC Form 47 (Outer sheet) during the month of January 2016 and it was came to the knowledge of the Presiding Officer when the said bill was placed before him for representation before the Sub Treasury, Rasipuram which was returned for rectification of certain defects, till then it was not brought to the knowledge of the Presiding Officer and thereby violated Rule 20 of the TNGSC Rules, 1973.

Charge – 2

That you, Tmt. V. Ambigavathi, while attending the work of preparing bills for both the working staff and the retired staff of the Nazirate Section of the Sub Court, Rasipuram have attempted to claim Rs.2805/- for the above mentioned retired staff by forgering the signature of the Presiding Officer in the bill which leads to a loss of Government money and thus your act amounts to violation of Rule 20 of the TNGSC Rules, 1973.

4. After affording opportunities to file written statement, an Enquiry Officer was appointed by the Disciplinary Authority. After due enquiry, the Enquiry Officer submitted his report dated 01.07.2016, holding the charges framed against the petitioner is proved. Disciplinary Authority, accepted the report and further show cause notice was issued to the petitioner. After receipt of the representation, final order dated 24.07.2017 was passed by the Disciplinary Authority imposing punishment of dismissal from se