MURALI MOHAN G Vs. DISTRICT JUDGE CUDDAPAH

JUDGEMENT

(1.) This petition is filed to issue an order or a direction, more particularly one in the nature of Writ of Certiorari, declaring the order of the second respondent in ROC No. 552/96 C.II/1, dated 19-3-97 in confirming the order of the first respondent in Dis.No. 5422 dated 5-8-96 as arbitrary, bad, illegal and violative of principles of natural justice, and consequently direct the respondents to regularise the service of the petitioner by awarding two increments.

(2.) The petitioner, while working as a Steno-typist in the Court of the Special Mobile Court, Cuddapah, acted in violation of C.C.S. (sic. C.C.A.) Rules and punishable for misconduct, negligence, misbehaviour, unauthorised absence and insubordination. On Exs. P-3 and P-11 reports of the Magistrate of the Special Mobile Court, Cuddapah, against the petitioner, the District Judge, the first respondent herein, appointed I Addl. District Munsif, Proddatur, as an enquiry officer in his proceedings Ex.P-12.

(3.) The Enquiry Officer framed five charges for misconduct, negligence, misbehaviour, unauthorised absence, and insubordination. The sum and substance of the charges is that : The petitioner was absenting from duties very frequently and on 16-8- 95, when he was called for dictation by PW.l (Magistrate of the Special Mobile Court), he was found absent and came to the office about one hour thereafter. The petitioner did not type the judgment in C.C.No. 9/95 as dictated by PW.1 and he has added some sentences of his own in the judgment and when the said lapse was pointed out to the petitioner by PW.1, he reacted and replied in an arrogant and insolent manner and further he was not available in the office hours when PW.l called him for dictation. The petitioner was absent during office hours on 25-8-95 also for about three hours in the afternoon. Whenever PW.l questioned about the absence of the petitioner, he gave insolent replies. On 6-9-95, PW.3, a lady Telugu typist of the said Court, gave Ex.P-4 complaint to PW.l alleging that the petitioner misbehaved with her and abused her in filthy language.