Judicial officers must maintain integrity and comply with court orders; serious misconduct justifies dismissal from service.

ORDER :

G.ARUL MURUGAN, J.

This Writ Petition is filed challenging the order of the second respondent in G.O.(2D)No.8 Home (Courts-I) Department, dated 06.01.2023, whereby the punishment of 'dismissal from service' was imposed on the petitioner.

2. The petitioner was appointed as Civil Judge (Junior Division) in the Tamil Nadu State Judicial Service on 15.09.2015. While he was serving as Judicial Magistrate, Additional Mahila Court, Tiruchirappalli, he was issued with a charge memorandum dated 18.06.2021 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules , 1955 [hereinafter referred to as “the Rules”] framing the following charge:-

“That you, Thiru.R.Manivasagan, after taking charge of the post of Judicial Magistrate, Additional Mahila Court, Tiruchirappalli on 06.05.2019, having taken cognizance of the directions of the Hon'ble Madurai Bench of Madras High Court, Madurai vide Order dated 06.03.2019 to dispose of Crl.M.P.No. 3376 of 2018 in D.V.C.No.107 of 2016 within a period of two months from the date of receipt of the copy of that Order as evidenced from your docket Order dated 13.05.2019, did not follow the directions given by the Hon'ble Madurai Bench of Madras High Court in the Order said above and kept on adjourning the case from time to time and finally gave disposal to this case, by making it appear as though you pronounced a common order in Crl.M.P.No.3376 of 2018 in D.V.C No.107 of 2016 and Crl.M.P. No.558 of 2019 on 18.09.2019 by ante-dating the order which is reflected from the lack of corresponding entry in the 'A' Diary for the alleged posting of case on 04.09.2019, 09.09.2019, 12.09.2019 and 18.09.2019 as noted in the docket sheet, thus clandestinely indulged in manipulation of case records, deliberately ante-dating the order which was prepared on a subsequent date.

Thus, you have committed the acts of serious misconduct viz., fraud, insubordination, dereliction of duty, misrepresentation, irregular and truncated Court Proceedings, and have also failed to maintain absolute integrity and devotion to duty and have acted in a manner which is unbecoming of Judicial Officer, violating Rule 20 of the Tamil Nadu Government Servants' Conduct Rules, 1973. Hence, you rendered yourself liable to be proceeded with under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules .”

3. The petitioner submitted his reply on 13.07.2021 and not satisfied with the explanation, an enquiry officer was appointed. The delinquent had participated in the enquiry and P.W.1 to P.W.5 were examined on the side of the Department and Exs. P.1 to P.14 were marked. The delinquent did not choose to examine any witnesses but however, marked Exs. D.1 to D.22.

4. On conclusion of the enquiry, the enquiry officer submitted the enquiry report on 27.01.2022, holding the charge as proved. A second show cause notice was issued to the delinquent on 06.04.2022 forwarding the enquiry report and the delinquent submitted his reply on 27.05.2022. The enquiry report and the further explanation of the delinquent were all placed before the Administrative Committee of the High Court and the Committee, by its Resolution dated 20.07.2022, accepted the findings of the enquiry officer and proposed to impose the punishment of dismissal from service.

5. The Resolution was placed before the Full Court on 08.08.2022, wherein the Resolution of the Committee was approved. Pursuant to which, the second respondent vide the impugned order, had imposed the punishment of dismissal from service. Assailing the same, the petitioner had come up with the present writ petition.

6. Mr.A.K.Sriram, learned Senior Counsel assisted by Mr.R.Murali, appearing for the petitioner contended that the delinquent had only taken charge in the respective court on 06.05.2019. During the hearing on 06.06.2019, the execution petition was adjourned only for want of the main case bundle in D.V.C.No.107 of 2016, which was found missing. It is his further contention