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2024 Supreme(Online)(MAD) 13901

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
P.C.Savithiri – Appellant
Versus
State of Tamil Nadu – Respondent



Judicial officers are accountable for maintaining proper conduct and adherence to procedural law, and failure to do so warrants severe disciplinary action.

Headnote:

Disciplinary Action - Judicial Misconduct - Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1973 - Rule 17(b) - Legal Service Authorities Act, 1987 - Section 19

Fact of the Case:

A Civil Judge was dismissed for serious misconduct including failure to ensure judicial custody of accused, manipulation of records, and abusing judicial power, based on multiple charges substantiated in a departmental inquiry.

Issues: Whether the dismissal from service of the Civil Judge was justified considering the proved charges of judicial misconduct.

Ratio Decidendi: The court held that the serious nature of the proved charges justified the major punishment of dismissal, confirming that procedural lapses do not absolve a judicial officer from accountability.

Final Decision: The writ petition is dismissed, and the dismissal from service is upheld.

ORDER

S.M.SUBRAMANIAM, J. 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 surrender in Crl.M.P.No.2332 of 2015 wherein on 05.10.2015 you accepted the surrender of A1 to A9 which includes the accused one Tmt. Sujatha, Wife of Thirumalesh and enlarged all the accused on bail in Crl. M.P.No. 2329/2015 and thereby you made the judicial proceedings as a mockery. 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 IV:
    That you, Tmt. Savithiri, Civil Judge of Tamil Nadu State Judicial Services, (now under suspension) while


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