M. SHIRIJHA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The order of compulsory retirement from service in public interest issued in G.O.Ms.No.518, Home (Courts-I) Department, dtd. 20/11/2021, is under challenge in the present writ petition.

(2.) The petitioner was selected and appointed as Civil Judge in December 1999 and posted as District Munsif at Kancheepuram.

(3.) In the year 2010, the petitioner was promoted to the cadre of Sub Judge. On 12/8/2015, a charge memorandum under Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules was issued against the writ petitioner. The petitioner was placed under suspension and subsequently charges were dropped and the petitioner was reinstated in service. The period of suspension was regulated as duty. The petitioner was in verge of promotion to the cadre of District Judge. An Office Memorandum was issued by the Registrar-General, High Court on 20/8/2019. The petitioner submitted her detailed explanation stating that the departmental enquiry was conducted earlier in respect of similar findings in Roc.No.799/2014/VC. The Office Memorandum was relating to the allegation of certain lapses against the petitioner during her tenure as Sub Judge at Perambalur. The petitioner submitted her detailed explanations on 19/11/2019. Thereafter, the petitioner was placed under suspension on 10/3/2020, in pursuance of a complaint pertaining to certain allegations of holding dis-proportionate assets. The petitioner submitted her explanations on 24/3/2020 for the Office Memorandum dtd. 19/3/2020. A detailed enquiry was conducted. The petitioner has submitted her explanations in detail along with the documents. Another charge dtd. 25/2/2021 was issued based on the very same complaint. The petitioner raised a preliminary objection on 15/4/2021 stating that the charges framed are similar to the one already framed in proceedings dtd. 12/8/2015. However, another charge memo dtd. 18/6/2021 was issued against the petitioner. The petitioner submitted her explanations on 11/7/2021. The petitioner was asked to submit her written statement of defence. The petitioner on 3/8/2021 requested the respondent to furnish the copy of the enquiry report in the departmental enquiry conducted in Roc.No.799/ 2014/VC. Thereafter the petitioner was reinstated in service on 2/12/2021 and posted as Secretary, Legal Services Authority, Thiruvallur. While she was working in the said post, the order of compulsory retirement in public interest was issued in G.O.Ms.No.518, dtd. 20/11/2021. Thus, the present writ petition came to be instituted.