Negligence without dishonest intent should not warrant dismissal; punishment must be proportionate to the misconduct.

ORDER :

G.ARUL MURUGAN, J.

This Writ Petition is filed challenging the order of the first respondent dated 30.10.2023, whereby the punishment of dismissal from service was imposed against the petitioner.

2. The petitioner was originally appointed as Night Watchman in the District Judiciary of Tiruvannamalai on 10.04.1982. In appreciation of his services, he was promoted to various positions including Peon, Record Clerk, Examiner, Junior Assistant, Assistant and Head Clerk. The petitioner had put in an unblemished service of 40 years and 7 months and was to attain superannuation on 28.02.2023.

3. However, by order dated 19.12.2022, the petitioner was placed under suspension on the ground that there was a shortfall in the amount remitted by him in the Treasury from the amount that has been collected by him as fine. The petitioner had submitted a reply on 21.12.2022 itself stating that there was a Lok Adalat and pre-sitting sessions in which, several hundred cases were disposed of and further, due to the disposal of large number of cases, it was the practice in those days for the police constables attached to the concerned police station to collect the fine amount from individual accused and handover in a lump sum. It was his categorical submission that the alleged excess amount of Rs.12,900/- was not in his possession and there is no misappropriation on his part.

4. On that particular day, he had the assistance of Mr.Umamaheshwaran, as Ministerial Clerk who had collected the entire fine amount and handed it over along with the E-Challan and only on trust, he had received the amount without verifying the fine receipts correlating with the fine register and if there is any discrepancy, he will immediately make good the shortfall by remitting it immediately.

5. A charge memo came to be issued on 20.01.2023 under Section 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules , hereinafter referred to as 'the Rules’, framing the following two charges:

“Charge No.1: That the said Thiru.S. Kanni, Head Clerk, Judicial Magistrate II Court, Tiruvannamalai, during the period 07.04.2022 to 11.11.2022 while functioning as Head Clerk, Judicial Magistrate II Court, Tiruvannamalai, had maintained the Registers of Fine Register, Fine Receipt and E-Challan. On verification of the Registers it is found that Rs.73,800/- was received as fine amount on 23.06.2022, and had deposited Rs.70,900/- through E-Challan in SBI, Tiruvannamalai Branch on 24.06.2022 in E-Challan No.20220624007464. The balance of Rs.2900/- was not deposited. Further, it is found that the fine amount of Rs.27,000/- received on 12.08.2022 and Rs.95,700/- received on 13.08.2022, in total Rs.1,22,700/- fine amount was received. In these amount Rs.17,000/- fine amount for 12.08.2022 and Rs.95,700/- fine amount for 13.08.2022 was paid to SBI, Tiruvannamalai Branch in E-Challan No.202208161002510. The Balance amount of Rs.10,000/- was not deposited to the SBI, Tiruvannamalai. In the above period, the said Delinquent have not verified the fine amount and thereby he had acted irregularly and in negligence manner and failed to extend his duty consciously.

Charge No.2: That the said Thiru.S. Kanni, had received the fine amount and had not deposited the fine amount Rs.12,900/- (Rs.2900/- + Rs.10000/-) in a Bank within a stipulated time, and thereby he had acted irregularly, negligently, and irresponsibly in his duty. The fine amount belongs to the government you were handled the said amount and failed to extend his duty consciously and by this way he had also affected the court proceedings.”

6. The petitioner-delinquent submitted his explanation on 01.02.2023 and reiterated his earlier reply submitted. Not satisfied with the reply, the third respondent enquiry officer was appointed. The petitioner had participated in the enquiry. On the side of the Department, as many as 4 witnesses were examined as P.W.1 to P.W.4 and 9 exhibits were marked as Ex.P1 to Ex.P9. The delinquent examined him