A.ANANTHAKUMAR Vs. REGISTRAR GENERAL HIGH COURT MADRAS

JUDGEMENT

(1.) The short but important question of law which arises in this writ petition is whether an authority higher to the delinquent officer can suspend the delinquent officer when the higher authority is not the appointing authority.

(2.) The facts which arise in this case lies in a very narrow compass. The writ petitioner was initially appointed as senior bailiff in Thiruvallur District. He was promoted as a Junior Assistant. A memo dated 21.05.2019 from the office of the District Munsif-cum- Judicial Magistrate, Gummidipoondi, Tiruvallur District, was served on him alleging that the petitioner had neglected the following assignments:-

(3.) The writ petitioner submitted his explanation and he was served with another memo by the District Munsif-cum-Judicial Magistrate, Gummidipoondi, on 17.07.2019, stating that he is lethargic and has been negligent in performing his work. The memo stated that about 30 bundles were not indexed and the writ petitioner would have to place these records before the officer, after indexing the same. The memo stated that the salary for the month of August 2019 would not be paid until the 30 bundles are indexed. District Munsif-cum-Judicial Magistrate, Gummidipoondi, issued memo dated 21.08.2019, calling for an explanation from the delinquent officer as to why disciplinary proceedings should not be taken against him for not performing his work properly. The writ petitioner was to provide an explanation within seven days from the date of receipt of the memo issued against him.