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S. M. SUBRAMANIAM, K. RAJASEKAR
M. Sridhar – Appellant
Versus
Chief Secretary to Government, Public (Special-A) Department – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the 1st respondent in G.O.Ms.No.359, Public (Special-A) Department dated 19.06.2023 and to quash the same and further direct the respondents to reinstate him into service with all service and monetary benefits and grant such other further relief as this Court may deem fit in the circumstances of the case.
THE FACTUAL MATRIX:
The writ petitioner was appointed as Civil Judge by direct recruitment in the year 1999. He was promoted as Subordinate Judge in the year 2010 and further promoted to the post of District Judge in the year 2015.
2. A charge memorandum was issued under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules read with Rule 6(4)(a)(i) and Rule 20(1) of Tamil Nadu Government Servant Conduct Rules, 1973 in proceedings dated 25.02.2021. Serious misconduct of deposit of huge sum of cash credit, suspicious transactions in his bank accounts and of his family members, and for purchase of properties without prior permission are set forth.
In disciplinary proceedings, the burden of proof lies with the charged officer to disprove allegations, and adherence to natural justice is essential for valid outcomes.
(1) Dismissal--Standard of proof required in criminal proceedings being different from standard of proof required in departmental enquiries, same charges and evidence may lead to different results in....
The charge of corruption requires to be proved beyond any shadow of doubt and to the hilt, and it cannot be proved on mere probabilities. The Authorities in a matter of disciplinary proceeding must c....
The main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
Judicial officers are held to a strict standard of integrity, and misconduct, including attempts to influence judicial proceedings, justifies removal from service after a fair inquiry process.
Grant of reinstatement - Court will not ordinarily interfere in the punishment imposed in the disciplinary proceedings to substitute its own conclusion on penalty except where the punishment imposed ....
The main legal point established in the judgment is the importance of following the principles of natural justice in disciplinary proceedings, including giving the delinquent officer an opportunity t....
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