G.Srinivasan v. The Registrar (District Judiciary)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Srinivasan .. Petitioner vs 1.The Registrar (District Judiciary), High Court of Judicature, Chennai-600 104.

2.The Principal District Judge, Dharmapuri, Dharmapuri District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 6.5.2022 on the file of the first respondent by transfer the enquiry on the file of Principal District Judge, Dharmapuri to some other court Principal District Judge, Vellore or Salem to secure the ends of justice.

For the Petitioner : Mr.R.Sankarasubbu For the Respondents : Mr.Santhanaraman

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Sankarasubbu, learned counsel for the petitioner; and, Mr.Santhanaraman, learned counsel for the respondents.

2. Learned counsel for the petitioner submits that a complaint was given by the petitioner regarding creation of fake documents. According to learned counsel, no enquiry is conducted pursuant to the complaint of the petitioner.

3. A report is submitted by the respondents. It is clear from the said report that the Judicial Magistrate No.II, Dharmapuri framed charges against the delinquents under Rule 17(b) of TNCS (D&A) Rules and initiated the disciplinary proceedings against three staff members - (1) Thiru.Balachandran, formerly Examiner of Judicial

Magistrate Court No.II, Dharmapuri now Assistant of District Munsif Court, Dharmapuri; (2) Tmt.Umaiyambikai, formerly Bench Clerk Grade-III/Assistant of Judicial Magistrate Court No.II, Dharmapuri now Assistant of Subordinate Court, Palacode; and, (3) Tmt.S.Chandra, Head Clerk (Retired), Judicial Magistrate Court No.II, Dharmapuri. One of the delinquents has filed a writ petition, bearing W.P.No.11031 of 2023, in the High Court and interim order of stay is passed on 19.4.2023. The said interim order is continued under the order dated 16.6.2023.

4. Action is already taken by the department.

5. In the light of that, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index :

Yes/No :

Yes/No bbr

To 1.The Registrar (District Judiciary), High Court of Judicature, Chennai-600 104.

2.The Principal District Judge, Dharmapuri, Dharmapuri District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 08.02.2024