R. ANBURAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who was functioning as Additional District Judge, Dharmapuri has filed the present writ petition to quash order of compulsory retirement passed by the first respondent in G.O. Ms. No. 168, Public (Special-A) Department dated 01.03.2017 and consequently direct the respondents to reinstate him in service with all monetary benefits with retrospective effect.

(2.) The brief facts which are necessary for disposal of this writ petition are as elucidated hereunder.

(3.) The petitioner was appointed as District Judge (Entry Level) as per G.O. Ms. No.16 Public (Special-A) Department dated 05.01.2011. The petitioner was sworn-in on 18.02.2011 and thereafter he had undergone the requisite training through Judicial Academy, Chennai. After such training, the petitioner was posted as District Munsif for six months and as Subordinate Judge for another six months at Salem. Thereafter, he was posted as Additional District Judge, Dharmapuri. While the petitioner was discharging his duties as Additional District Judge, Dharmapuri, the Principal District Judge was on leave from 21.06.2013 to 24.06.2013 and therefore, the petitioner was made in charge of the Court of Principal District Judge from 21.06.2013 to 24.06.2013 to deal with applications seeking bail, as per the order dated 20.06.2013 passed by the Principal District Judge under Section 10 (3) of the Code of Criminal Procedure. While so, on 21.06.2013 at 3.00 pm a representation was made before the petitioner, when he was in-charge of the Court of the Principal District Judge, by one Inbasekaran, Advocate in the open Court to take up the bail application filed by him in Crl.M.P. No. 2497 of 2013 on behalf of Dr. Ganesan, who was arrayed as third accused, in Crime No. 29 of 2013 on the file of Inspector of Police, District Crime Branch, Dharmapuri for the offences punishable under Section 419, 420, 406, 468, 471 and 294 of Indian Penal Code read with Section 19 of Transplantation of Human Organs and Tissues Act, 1994. The complaint, based on which the case in Crime No. 29 of 2013 was registered against Dr. Ganesan, was given by one Kathavarayan on the allegation that 4 persons, including Dr. Ganesan/A-3 have received Rs.3 lakhs from him (Rs.1 lakh by Dr. Ganesan and Rs.2 lakh by other accused Ayyavoo) for performing kidney transplantation for his father, however, after receipt of the amount, they did not perform kidney transplantation, with the result, his father died. It was further complained that when the complainant sought for refund of amount from the accused, Dr. Ganesan/A-3 returned only Rs.50,000/- out of Rs.1 lakh and refused to pay the balance and threatened him with dire consequences. It is the practice and convention in the District Court, Dharmapuri that when a bail application is filed on a working day, it will be taken up for hearing on the working day immediately succeeding the next working day. However, on the basis of the representation made to the petitioner in the open Court, the petitioner directed the bail petition to be posted on 24.06.2013 i.e., Monday. However, the Court Registry listed the case for hearing on 25.06.2013. On 24.06.2013, inspite of objections raised by the Additional Public Prosecutor that the matter is likely to be transferred for investigation to the CB CID and further another similar application has been filed on behalf of the accused seeking bail in Crl.M.P. No. 2592 of 2013 on the file of Judicial Magistrate, Pennagaram and it was pending, the petitioner granted interim bail in favour of Ganesan/A-3 in Crime No. 29 of 2013 on 24.06.2013, till 11.07.2013.