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2025 Supreme(Online)(Mad) 56716
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, P. Dhanabal, JJ
M. Indira Gandhi – Appellant
Versus
Registrar General, High Court of Madras – Respondent
W.P. No.27860 of 2025 | W.M.P. No.31204 of 2025
For the Appellants/Petitioners: Mr A. Thangamani
For the Respondents: Ms. N.K. Kanthimathi
Due process was followed in the disciplinary inquiry, upholding the findings against the petitioner based on evidence and appropriate procedural conduct.
Headnote:(A) Tamil Nadu Government Servants Conduct Rules, 1973 - Rule 20 and TNCS (D&A) Rules - Disciplinary enquiry - Writ petition filed against the punishment of stoppage of increments on grounds of misconduct and dereliction of duty established after inquiry - Charges of misplaced records and improper conduct upheld by Inquiry Officer and confirmed by Appellate Authority. (Paras 1, 3, 9)
(B) Procedural fairness - Participation in disciplinary inquiry and adequacy of evidence considered - No violation of principles of natural justice established by petitioner. (Para 8)
Facts of the case:
The petitioner, a Bench Clerk Grade-II, was charged with various acts of misconduct including mishandling court documents and improper behavior towards colleagues, leading to a disciplinary inquiry that upheld the charges against her.
Findings of Court:
The Court found no merit in the writ petition challenging the disciplinary authority's orders as all procedures were duly followed and there was sufficient evidence against the petitioner.
Issues: Whether the disciplinary authority’s decision was based on valid grounds and if principles of natural justice were violated.
Ratio Decidendi: The Court determined that the disciplinary actions were justified based on the evidence provided and that the petitioner was granted fair opportunity during the inquiry proceedings.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. misconduct charges against the petitioner included mishandling court documents. (Para 2) |
| 2. the petitioner disputes findings from disciplinary inquiry. (Para 4 , 5) |
| 3. court reviews evidence and procedural conduct, confirming no violations of rights. (Para 6 , 7 , 8) |
| 4. writ petition dismissed based on the well-founded disciplinary decisions. (Para 9) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.08.2025 CORAM THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE P.DHANABAL W.P. No.27860 of 2025 and W.M.P. No.31204 of 2025 M. Indira Gandhi Bench Clerk Grade-III, Court of Small Causes (Deputed to work in Record Section), Chennai-600 104. ...Petitioner Vs.
1. The Registrar General, High Court of Madras, Chennai.
2. The Chief Judge, Court of Small Causes, High Court Buildings, Chennai - 600 104. ..... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling the connected records and to quash the order passed in No.487A/2023 dated 30.11.2023 by the 2nd respondent confirming the order in Appeal passed by the 1st respondent i.e., Registrar General, High Court of Madras in Roc.
No.38474/2024/C1 dated 04.04.2025.
For Petitioner : Mr A. Thangamani For Respondents : Ms. N.K. Kanthimathi
ORDER
(Order of the Court was made by P.DHANABAL,J.)
This Writ petition has been filed challenging the order passed by the
2nd respondent in No.487A/2023 dated 30.11.2023 and confirmed by the 1st respondent vide order passed in the appeal in Roc. No.38474 / 2024/ C1 dated
04.04.2025.
2. The Writ petitioner herein has been working as Bench Clerk Grade-
II, Court of Small Causes, Chennai and she joined in the Judicial Ministerial service and rendered 12 years service. While so, the following charges were framed against the petitioner:
Charge I:
That you, Tmt. M. Indira Gandhi, Bench Clerk Grade-II, Court of Small Causes, Chennai while working in the IX Court of Small Causes, Chennai had misplaced the petition in M.P. No.2/2022 in R.C.A. No.213/2021, kept the restoration petition in R.C.A. No.793/2017 in the bundle of copy applications and kept some of the petitions in R.C.A. No.114/2020 and 115/2020 in some other case bundles and further on 15.06.2022 at about 7 p.m., when the steno- typist of the said Court asked you, to make entries in the MP Register note in order to make entries relating to the cases in R.C.A. No.105/2021 to R.C.A. No.110/2021 in CIS Software, you had quarelled with him and abused him by using filthy language. The above acts of yourself shows your gross negligence, dereliction of duty and failure to maintain integrity and devotion to duty in violation of Rule 20 of the Tamil Nadu Government Servants Conduct Rules , 1973 and thereby you have rendered yourself liable to be proceeded under Rules 17(b) of TNCS (D&A) Rules.
Charge-II That you, Tmt. M. Indira Gandhi, Bench Clerk Grade-II, Court of Small Causes, Chennai on 15.09.2022, while working in the Nazir Section, did not discharge your duty properly and had mingled the served processes which had to be segregated district wise and when you were instructed by the Central nazir and Deputy Nazir to do the work properly, you had disobeyed their instructions and had shouted loudly and quarelled with them and went away by saying that you will commit suicide by jumping from the terrace and the said acts of yourself had caused disturbance to the official work not only in the Nazir Section but also in the adjacent Courts in the said floor. The above acts of yourself shows gross misconduct, negligence and dereliction of your official duty and also failure to maintain integrity and devotion to duty in violation of Rule 20 of the Tamil Nadu Government Servant Conduct Rules, 1973 and thereby, you have rendered yourself liable to be proceeded under Rules 17(b) of TNCS (D&A) Rules.
Charge-III That you, Tmt. M. Indira Gandhi, Bench Clerk Grade-II, Court of Small Causes, Chennai while working
