K VENKATESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present writ petition has been filed challenging the order of dismissal dated 7. 9. 1998 passed by Respondent No. 1 on the basis of the recommendation made by the High Court.

(2.) THE petitioner was appointed as a Judicial Magistrate in the year 1980. While he was so working at Usilampatti in the year 1996, certain allegations were levelled against him and a departmental proceeding was initiated. Enquiry was conducted by the Principal District Judge, Madurai. Four charges had been framed. The Enquiry Officer as well as the High Court came to the conclusion that Charge Nos. 1 and 3 had not been proved, but Charge Nos. 2 and 4 had been proved. On the basis of the aforesaid conclusion, which was accepted by the Full Court in its administrative side, recommendation was made to the Government to dismiss the petitioner from service. Such order was passed by the Government on 7. 9. 1998. Thereafter, the appeal preferred by the petitioner dated 6. 10. 2001 was rejected on 12. 11. 2002, giving rise to filing of the present writ petition.

(3.) THE main contention raised by the learned counsel appearing for the petitioner is to the effect that the conclusion of the enquiry officer to the effect that Charge Nos. 2 and 4 are established is based on no evidence on record and therefore the order of dismissal passed on such enquiry report cannot be sustained.