N A MATHIYALAGAN Vs. PRINCIPAL DISTRICT JUDGE SALEM

JUDGEMENT

(1.) THE petitioner, who is working as Superintendent, Labour Court, Salem has to retire from service on 31. 8. 2008 on attaining the age of 58 years. Just three days prior to his retirement, the Principal District Judge, Salem by proceedings in ROC 5457/a/2004 dated 27. 8. 2008 suspended him for alleged misappropriation of Court fee worth Rs. 3,27,782. 25, since Court fee stamp papers were found missing on 4. 11. 2004 while the petitioner was working as Sheristadhar.

(2.) THE learned counsel for the petitioner submitted that during the pendency of the writ petition, the respondent has issued an order on 28. 8. 2008 extending the service and thereby, the petitioner has not been permitted to retire. It is also submitted that the matter relates to an allegation of four years back and the petitioner had no connection with the same.

(3.) IT appears that a Police case in Crime No. 38 of 2004 dated 10. 11. 2004 has already been registered by District Crime Branch, Salem against the petitioner and others under Section 409 and 380, IPC for alleged theft of Court fee stamp papers in the Sub Court, Sankari to the tune of Rs. 3,27,782. 25. For the said reason, a disciplinary proceedings dated 25. 10. 2004 initiated under Section 17 (b) of the TNCS (Danda) Rules by the Sub Judge, Sankari for missing of Court fee stamps in the Sub Court, Sankari. The petitioner has been suspended in connection with the said proceedings.