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2015 DIGILAW 15 (MAD)

M. Sampath Kumar v. Principal District Judge, Disciplinary Authority, District Court, Coimbatore

2015-01-05

N.PAUL VASANTHAKUMAR, P.R.SHIVAKUMAR

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Judgment :- N. Paul Vasanthakumar, J. 1. Heard Mr. V.Sivakumar, learned counsel appearing for the petitioner and Mr. S.Haja Mohideen Gisti, learned counsel appearing for the respondent. 2. This writ petition is filed by the petitioner, who was employed as Xerox Operator in Judicial Magistrate Court No. III, Coimbatore, challenging the order of removal passed by the Principal District Judge, Coimbatore dated 03.9.2014. 3. The facts leading to the case as stated in the affidavit filed in support of the writ petition are that the petitioner was appointed as Xerox Operator by the respondent after his name was sponsored by the Employment Exchange. He served for 14 years in the Judicial Department. According to the petitioner, he appeared for the Account Test for Subordinate Officers Part-I (Departmental Test) conducted by the Tamil Nadu Public Service Commission on 30.12.2009 and he was awaiting for the result and the result was not published till May, 2010. In May, 2010, one Aruchamy known to some of the Collector office staff and the Court staff of Coimbatore, offered to the petitioner that he had friends at Secretariat at Chennai and he will arrange to get xerox copy of the TNPSC Bulletin and accordingly, he received the xerox copy and gave the xerox copy of Bulletin, wherein his name and register number were found before the Judicial Magistrate No.III, Coimbatore for making entry in the Service Register and entry to that effect was also made in the Service Register of the petitioner. On 06.3.2012, the respondent issued a memo calling upon the petitioner to produce documents of proof to show that he had passed the Account Test along with the Hall Ticket. On 09.3.2012, the petitioner submitted his explanation and explained that the original Hall Ticket was not available. In his explanation, he has further stated that he applied for casual leave along with xerox copy of Hall Ticket to appear for the said Test and the original Hall Ticket will be retained by the Tamil Nadu Public Service Commission and therefore, he could not produce the original Hall Ticket. A show cause notice dated 13.3.2012 was issued to the petitioner calling upon him to submit his explanation as to why the entries in the Service Register should not be deleted. A show cause notice dated 13.3.2012 was issued to the petitioner calling upon him to submit his explanation as to why the entries in the Service Register should not be deleted. On 19.3.2012, the petitioner submitted explanation and prayed to delete the entries in the Service Register by explaining the circumstances, under which he had submitted the xerox copy of the Bulletin. On 20.3.2012, the Principal District Judge, Coimbatore has passed an order reverting the petitioner to the post of Examiner with immediate effect and thereafter, the petitioner has served as Examiner. As the petitioner's pass in the Account Test was in dispute, he again appeared for Account Test on 13.12.2013 and he had passed the Account Test during December, 2013. 4. A charge memo was issued to the petitioner on 22.5.2012 under Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules stating that he has produced false proof to show as if he had passed the Account Test. The petitioner submitted his explanation to the said charge memo, wherein he has admitted that he had contacted one Aruchamy, who in turn gave xerox copy of Bulletin, which was produced before the Judicial Magistate No. III, Coimbatore. The petitioner could not produce the original Hall Ticket or original TNPSC Bulletin to show that he has passed the Account Test. Not satisfied with the explanation offered by the petitioner, enquiry was conducted and the Enquiry Officer verified the original TNPSC Bulletin along with xerox copy of the Bulletin produced by the petitioner and gave a finding that the xerox copy of the Bulletin produced by the petitioner is a forged one and in the original TNPSC Bulletin, the petitioner's name and register number were not available. The said fact is not disputed by the petitioner even in the affidavit filed in support of the writ petition. Contention of the petitioner is that he has produced xerox copy of the Bulletin or the fabricated TNPSC Bulletin without any intention and he has already been punished for not passing the Account Test by placing him on reversion to the post of Examiner. The Principal District Judge, Coimbatore has considered the gravity of the offence committed by the petitioner and passed removal order, which is challenged in this writ petition. 5. The Principal District Judge, Coimbatore has considered the gravity of the offence committed by the petitioner and passed removal order, which is challenged in this writ petition. 5. The learned counsel appearing for the petitioner submits that even assuming that the petitioner having produced a fabricated TNPSC Bulletin without any intention, lenient view may be taken and the punishment of removal imposed by the respondent is too harsh. 6. The fact about production of fabricated Bulletin is admitted by the petitioner. Even though the petitioner pleads as innocent person, the fact remains that he has not passed the Account Test in the year 2010 and subsequently, he had appeared and passed the Account Test during 2013. Since the petitioner is a person employed in the Court, absolute integrity and devotion of duty is required and production of a false or fabricated TNPSC Bulletin before the Judicial Magistrate is a very serious offence for which, no leniency could be shown. The demotion order already given is for not passing the Departmental Test on time and the punishment imposed now is with respect to production of a fabricated TNPSC Bulletin. Therefore, the contention of the petitioner that he has been punished twice has no basis and there is no merit in the writ petition. 7. In the result, the writ petition is dismissed. No costs. Consequently, M.P.No.1 of 2014 is closed.