S RAMANATHAN Vs. CHIEF JUDICIAL MAGISTRATE CHENGALPATTU

JUDGEMENT

(1.) The appellant was serving as a Head clerk in the court of the Sub - Divisional magistrate at Poonamallee in the State of Chennai. A disciplinary proceeding was initiated and the appellant was called upon to explain three charges.

(2.) The delinquent submitted his explanation to the charges and ultimately he was found guilty of all the three charges. The chief Judicial Magistrate who was the disciplinary Authority agreed with the findings of the Inquiry Officer and came to hold that the delinquent should be dismissed from service and accordingly an order of dismissal was passed against him. The Disciplinary Authority further held that the loss to the tune of Rs. 1,27,529.30 paise sustained by the government of Tamil Nadu will be recovered from the delinquent personally from the amount; due to him from the Government of Tamil Nadu and from the security deposit made by him and from out of the properties belonging to him or owned by him. The delinquent preferred an appeal under the provisions of the Tamil Nadu civil Services (Classification, Control and appeal) Rules [for short "the Rules"] assailing the order of punishment. The appellate Authority dismissed the appeal by order. dated 16/12/1985, which is extracted herein below.

(3.) The appellant assailed this order by filing a writ petition in the High Court. The high Court however refused to interfere with the order in exercise of its jurisdiction under Article 226 of the Constitution of India and dismissed the writ petition and thus the present appeal by grant of special leave.