K.Manoharan, v. The Principal District Judge,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD) No.5849 of 2013 & M.P.(MD).No.1 of 2013 K.Manoharan

...Petitioner

Vs.

1.The Principal District Judge, Ramanathapuram 2.The Chief Judicial Magistrate Ramanathapuram.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue Writ of Certiorari calling for the records on the file of the 2nd respondent dated 20.12.2012 and quash the same. For Petitioner : No appearance For Respondents : Mr.Palaramasamy

O R D E R

********** [Order of the Court was made by T.S.SIVAGNANAM,J] None appeared for the petitioner. This writ petition has been filed challenging an order of suspension passed against the petitioner, dated 20.12.2012. The petitioner was working as Typist in the Judicial Magistrate Court, Mudhukulathoor. During the course of preliminary enquiry, it reveals that the petitioner had forged the signature of the learned Judicial Magistrate No.II, Ramanathapuram, in Birth and Death orders and tampering of case records and misuse of official seals and Government Emblem of Judicial Magistrate No.II Court, Ramanathapuram. This lead to issuing an interim charge memo, dated 13.12.2012. Thereafter, the petitioner was transferred twice, vide orders dated 15.12.2012 and 20.12.2012.

2. On 20.12.2012, the petitioner was placed under suspension on the ground that enquiry into grave charges is contemplated. The charge memo was issued to the petitioner on 08.02.2013. The petitioner has given his explanation for the charge memo and enquiry has been completed. The enquiry report is yet to be submitted by the Enquiry Officer.

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3. Considering the seriousness of the charges against the petitioner and taking note of the fact that the domestic enquiry is already over, we are not inclined to quash the order of suspension. Considering the fact that already the enquiry is over and the order of suspension was passed in the year 2012, the first respondent is directed to pass final orders on the charge proceedings initiated against the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above direction. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Principal District Judge, Ramanathapuram 2.The Chief Judicial Magistrate Ramanathapuram.

+1 CC TO MR.PALARAMASAMY,ADVOCATE,SR NO.16138 jikr MAS/MR:28.03.2017 ORDER MADE IN W.P.(MD) No.5849 of 2013 & M.P.(MD).No.1 of 2013 20.03.2017 https://hcservices.ecourts.gov.in/hcservices/