R. BAGYALAKSHMI Vs. PRINCIPAL DISTRICT JUDGE/DISCIPLINARY AUTHORITY

JUDGEMENT

(1.) This Writ Petition is instituted by a former Grade-I Bench Clerk of the Principal District Court, Namakkal, challenging the validity of proceedings in Roc.1671/A/2016, dated 15.02.2016, passed by the first respondent-Principal District Judge-cum-Disciplinary Authority, Namakkal.

(2.) The writ petitioner, upon selection by Tamil Nadu Public Service Commission, came to be appointed as a Junior Assistant in Tamil Nadu Judicial Ministerial Services, where, she joined duty on 03.03.1989. She earned promotion to next higher posts as and when they fell due and she was promoted as Bench Clerk, Grade-I, and posted at Principal District Court, Namakkal, where she joined the Sessions branch on 07.07.2013. On 25.11.2015, she opted to retire voluntarily from service with effect from 29.02.2016. That offer to retire voluntarily has been accepted by the Principal District Judge, Namakkal. The Principal District Judge, Namakkal, through proceedings in Roc. No. 1992/A/2016, dated 29.02.2016, permitted the writ petitioner to retire from service voluntarily on the afternoon of 29.02.2016, subject to the disciplinary proceedings initiated against her to be continued under Rule 9 of the Tamil Nadu Pension Rules,1978. Thus, the writ petitioner had retired from service on the afternoon of 29.02.2016.

(3.) However, on 15.02.2016, two separate proceedings have been drawn by the Principal District Judge, Namakkal; one bearing proceedings Roc.No. 1670/A/2016, dated 15.02.2016, in a standard form of show cause notice, for imposition of minor penalties. The minor penalty proceedings under Rule 17 (a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, hereinafter referred to as "the Rules" have been drawn for six lapses, said to have been committed by the writ petitioner, as detailed therein. The first one relates to lapse of not addressing the Superintendent of Police, Namakkal, with regard to non-execution of NBW in Sessions Case No. 91 of 2012 since 12.02.2013, despite the directions issued to do so on 30.08.2013. The second lapse also relates to a similar incident of not addressing the Superintendent of Police, Namakkal, with regard to non-execution of NBW in S.C.No. 41 of 2013 since 20.08.2013, despite the directions issued on 29.01.2014 to the individual. The third lapse relates to misplacement of records of M.C.No. 20 of 2012 in C.R.P.No. 14 of 2013, instead of M.C.No. 22 of 2012 on the file of Chief Judicial Magistrate Court, Namakkal, leading to much inconvenience to the Judicial Officer. The fourth lapse relates to non-placing of Witness Summons List served by the S.I.of Police, Mallasamudram Police Station in S.C.No. 86 of 2013 for trial on 26.08.2014 till 12.00 Noon, leading to unnecessary waiting of counsel from Tiruchengode till 12.30 p.m., on that day. The fifth lapse relates to the alleged failure to put up the list of criminal cases posted on 05.11.2014 and the number of witnesses present for trial on that day, leading to inconvenience in arranging the other work and in giving priority to the corruption cases for inquiry. The last of the lapses relates to failure to attend to the 'Calling Work' on 07.11.2014, though the writ petitioner was placed in additional charge of the O.P. Branch of Principal District Court, Namakkal.