S THIRUPATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed questioning the order of dismissal of the petitioner in disciplinary action. The recommendation for dismissing the appellant was accepted by the first respondent in G.O.Ms.NO.1377, Public (Special-A) Department, dated 10.10.2000. The prayer is to set aside the same and to reinstate the petitioner in service with continuity of service and payment of arrears of salary, allowances and other attendant benefits.

(2.) THE petitioner was a practising advocate having enrolled during the year 1967 and when the selection of District Munsif was notified, he applied for the same and was selected during the year 1974. After 10 years, he was promoted to the post of Sub-Judge and after another 10 years, he was promoted as District Judge Grade II. Before his removal from service, he was the Additional District Judge-cum-Chief Judicial Magistrate, Tuticorin. THE disciplinary proceedings were initiated when he was in that post. He received a memorandum issued by the second respondent on 3.1.1997 with some statements recorded by the Special Officer (Vigilance Cell) of this Court. Explanation was sought for from the petitioner, which the latter had complied with. Enquiry was initiated on the basis of complaint made by members of the Pudukkottai Bar Association. Four charges were levelled against the petitioner as mentioned below: Charge No.1: That you Thiru S.Thirupathy, while functioning as Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, passed a common order in 22 M.C.O.Ps. including M.C.O.P.No.480 of 1994 on 29.8.1996 awarding a sum of Rs.67,000 as compensation to the petitioner in the said M.C.O.P.; that when Thiru Meganathan, Advocate for the respondent in the said M.C.O.P. brought to your notice about that the claim amount was only for Rs.50,000 in the said M.C.O.P., you, on the next day, without any petition being filed, changed the compensation amount from Rs.67,000 to Rs.50,000 and thus you have violated the procedural laws in the disposal of M.C.O.P.No.480 of 1994 and committed the acts of misuse of power, abuse of the process of law and conduct becoming of a Judicial Officer and thereby rendered yourself liable to be punished under Tamil Nadu Civil Services (Discipline and Appeal) Rules. Charge No.2: That you Thiru S.Thirupathy, while functioning as Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, passed a common order on 29.8.1996 in 22 M.C.O.Ps. awarding a sum of Rs.67,000 as compensation to the petitioner in the M.C.O.P.No.480 of 1994; that some days later, you have changed the last 15 lines of the common order earlier pronounced in 22 M.C.O.Ps. on 29.8.1996 and awarded a sum of Rs.50,000 instead of Rs.67,000 as compensation; that as you have changed the last 15 lines, the steno-typist, Varadarajan had to remove pages 33, 34, 45 and 46 in the common order and replaced the pages 33, 34, 45 and 46 by typing in separate sheets as per the changed order; that you have also initialed in the "A" Diary for striking off the line and for the alteration of the amount from 67,000 to 50,000, and thus you have committed the act of misuse of power, abuse of process of law and conduct unbecoming of a Judicial Officer and thereby rendered yourself liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Charge No.3: That you Thiru S.Thirupathy, while functioning as Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, on cross-examination of the accused Kumarasamy in S.C.No.22 of 1996, came to know about the relationship of Kumarasamy, accused in S.C.No.22 of 1996 with the petitioner Tmt.Vijaya in M.C.O.P.No.409 of 1993, (the case you have reserved orders); when the accused was waiting down in the Court hall, after arguments were over, you have called Kumarasamy near to you by hand signal and asked him to come to your chamber; and when he came to your chamber, you demanded a sum of Rs.50,000 for rendering a favourable judgment in the said S.C. and M.C.O.P.; and that he refused; that you, after some days, convicted him and thus you have indulged in corrupt practices, misuse of power, abuse of the process of law and conduct unbecoming of a Judicial Officer and thereby rendered yourself liable to be punished under Tamil Nadu Civil Services (Discipline and Appeal) Rules. Charge No.4: That you Thiru S.Thirupathy, while functioning as Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, after hearing the arguments in S.C.No.13 of 1996, on one Wednesday, when the case was posted on 31.7.1996 for judgment; that when the accused Kuttiyan alias Andi and Ashokan alias Andi were waiting for the judgment in the Court; that on 31.7.1996, at about 4.30 p.m. you called two accused in the said S.C.No.13 of 1996, waiting in Court, to your chamber and demanded a sum of Rs.10,000 from them for rendering a favourable judgment in the said S.C.; that as they pleaded their inability, subsequently, you imposed a sentence of 5 years rigorous imprisonment on the first accused and thus you have indulged corrupt practices, committed the acts of grave misconduct, abuse of powers and conduct unbecoming of a Judicial Officer and thereby rendered yourself liable to be punished under Tamil Nadu Civil Services (Discipline and Appeal) Rules. THEy were replied to and an enquiry was held by a 2-Judge Committee of this Court, which found him guilty on all the four charges. THE Administrative Committee of this Court has accepted the findings of the 2-Judge Enquiry Committee, and directed the placing of the matter before the Full Court and the Full Court has also accepted the same and the result is the impugned order of dismissal, which reads: PUBLIC (SPECIAL.A) DEPARTMENT G.O.Ms.NO.1377 Dated:10.10.2000 Vikrama, Purattasi - 25 Thiruvalluvar Aandu - 2031 Read: " 1. G.O.,Ms.No.822, Home Department, dated 2.4.1974. " 2. Proceedings of Administrative Committee ROC.NO.210/96 Con-B2, dated 27.10.1997. " 3. Written statement of defence of Thiru S.Thirupathy, dated 16.11.1997. " 4. Additional Written Statement of defence of Thiru S.Thirupathy, dated 13.12.1997. " 5. Findings of the Hon'ble Enquiring Judges dated 14.10.1999. " 6. High Court's official Memorandum ROC.210/96/Con.B-2, dated 16.11.1999. " 7. Further representation/Reply submitted by Thiru S.Thirupathy, dated 3.12.1999.8. Minutes of the Administrative Committee of the High Court, Madras, dated 13.3.2000. " 9. Minutes of the Full Court Meeting dated 27.3.2000. " 10. From the Registrar General, High Court, Madras, D.O.Lr. No.210/96 - Con-B.2, dated 31.3.2000 and dated 27.6.2000. ORDER: Thiru S.Thirupathy was appointed as District Munsif in the Government Order first read above. Subsequently he was promoted as Sub-Judge and then as District Judge. 2. THE Administrative Committee constituted by the High Court, Madras, in its proceedings dated 27.10.1997 in the reference second read above had framed the following four charges against Thiru S.Thirupathy, formerly Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai and now Presiding Officer, Labour Court, Madurai. Charge No.1 to". Charge No.4".

(3.) THE High Court in its reference 10th read above has forwarded to Government, a copy of the charge proceedings, findings of the Enquiring Judges dated 14.10.1999 (in original, further representation/reply to the show cause notice submitted by Thiru S.Thirupathy, dated 3.12.1999 (in original), copy of the Minutes of the Administrative Committee meeting and copy of the minutes of Full Court meeting and requested that the orders of the Appointing Authority imposing the penalty of "dismissal from service" on Thiru S.Thirupathy, formerly Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, and now Presiding Officer, Labour Court, Madurai, may be obtained and communicated.