A.SAKUNTHALA DEVI Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Certiorari to call for the records of the first respondent in Proceedings Order R.O.C.No.55576/2017/C1, dated 28.03.2019 and quash the same.

(2.) While the petitioner was working as Assistant in the District Munsif Court, Jayankondam, two charges were framed against her. The first charge is that she had fabricated salary certificate of one M.Maharajan, who was working as Office Assistant in the same Court for the purpose of obtaining loan from M/s.Shriram City Union Finance Limited. The second charge is that the petitioner has not obtained permission from the appointing authority for availing of the loan, which is contrary to the Tamil Nadu Government Servants (Conduct and Appeal) Rules, 1973. A regular departmental enquiry was conducted and the Special Judge No.1, Jayankondam was appointed as the Enquiry Officer. In the disciplinary/departmental proceedings, four witnesses have been examined on the side of prosecution and 13 documents were marked on their side. On the side of the delinquent, two witnesses were examined and no documentary evidence was marked. The Enquiry Officer submitted his enquiry report finding the petitioner/delinquent guilty of the said charges and the same were held to be proved. On the basis of the findings rendered by the Enquiry Officer, the disciplinary authority/Principal District Judge, Ariyalur/second respondent awarded the punishment of termination from service with effect from 07.03.2017. A criminal trial was also conducted, in which, he was earlier arrested and remanded to judicial custody and the trial in Sessions Case in S.C.No.51 of 2017 on the file of the Assistant Sessions Judge, Ariyalur, ended in acquittal in respect of the charges framed under Section 294(b), 323, 324, 326, 506 (i) and 307 IPC. Further, as against the punishment imposed by the disciplinary authority, the petitioner preferred statutory appeal/petition before this Court, and this Court, by the impugned proceedings dated 28.03.2019, confirmed the order of punishment of termination from service, thereby, the appeal petition was dismissed, against which, the present Writ Petition is filed for the relief stated supra.

(3.) The learned counsel for the petitioner submitted that the petitioner was appointed as Office Assistant on 01.09.1997 in the Sub-Court, Ariyalur and transferred on 01.04.1998 to Sub-Court, Karur and again from 21.05.1998, she was posted as Office Assistant in the District Munsif Court, Thanjavur. Thereafter, she was promoted as Junior Bailiff on 21.09.1999 and as such, she worked in the Principal District Munsif Court, Ariyalur, District Munsif Court, Jayankondam, Sub- Court, Ariyalur and also at the District Court, Perambalur. She worked as Senior Bailiff from 02.04.2007 in the District Court, Perambalur and also in the Principal District Munsif Court, Ariyalur till 06.06.2008. She was promoted as Junior Assistant on 07.06.2008 and was working in the Special Courts, Jeyankondam, Principal District Munsif Court, Ariyalur, the Special Court, Jeyankondam and also at the Judicial Magistarte Court, Ariyalur till 30.09.2011. She was thereafter promoted as Assistant on 01.10.2011 and worked as such in the Principal District Court, Ariyalur and the Principal District Munsif Court, Ariyalur and also as Grade-3 Bench Clerk from 09.03.2016 in the Judicial Magistrate Court, Jayankondam. She was lastly working as Assistant from 23.10.2016 in the District Munsif Court, Jayankondam till 07.03.2017, on which date, after disciplinary proceedings, she was terminated from service, which is under challenge in the present Writ Petition.