R MANOHARAN Vs. PRINCIPAL DISTRICT JUDGE CUDDALORE

JUDGEMENT

(1.) THE petitioner has filed this writ petition praying for issuance of a writ of certiorarified mandamus, to call for the records of the respondent/Disciplinary authority relating to the order in A.No.303 (D.No.6496/02) dated 26.12.2005 and to quash the same and further to issue necessary directions that the petitioner be paid the salary borne on the Selection Grade Examiner Post together with the salary amounts withheld pursuant to the order together with continuity of service with all the attendant benefits.

(2.) THE petitioner, with a qualification of B.A.Degree, joined the Judicial Ministerial Service as Examiner of copies on 11.3.82 . He was awarded with the Selection Grade in the pay scale of Rs.4000-100-600 with effect from 11.3.1982 and thereafter the Special Grade in the time scale of pay of Rs.4300-100-6000 with effect from 11.3.2002.

(3.) THE learned Judicial Magistrate No.II, Chidambaram by his proceedings dated 23.9.2004 had issued a charge proceedings to the petitioner herein stating that while acting as a Bench Clerk on 11.3.2004 during the leave of regular Bench Clerk, he was entrusted with the custody of the records in C.C.No.132/98 and he had asked for the said bundle brought from the chamber of the learned Judicial Magistrate by the then Office Assistant G.Sampath and since he had not properly explained the whereabouts of the records, there was gross dereliction of duty on his part for not having restored the record safely to the chambers of the Judicial Magistrate and thus responsible for the loss of record in C.C.No.132/98 and he was called upon to submit his written statement of defence within three weeks from the date of receipt of the charge memo as to why he should not be dealt with under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules 1955.