M RENOLD PRINCELY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner who was at the relevant time employed as a temporary judicial second class Magistrate has filed this Writ Petition to quash the order passed by the Government in G. O. Ms. No. 3099, Home Department dated 30-12-1981 terminating his services and reverting him to his parent department.

(2.) THE petitioner joined the service of the Tamil Nadu Government as a junior assistant in the Agricultural Department on 13-10-1968. He was then promoted as an assistant and posted in the Health and Family Welfare Department on 12-2-1970. His services were regularised in that post with effect from the said date. In 1978 he was selected and appointed as a judicial second class Magistrate. He joined duty as such on 11-1-1979. While so, the second respondent, the Chief Judicial Magistrate for Coimbatore and Nilgiris, called for an explanation from the petitioner in respect of the following charges :

(3.) THE petitioner submitted an explanation. He stated that his predecessor ought not to have issued fresh summons and, therefore, he had issued a non-bailable warrant, that the counsel for the accused, viz. , Major S. Raye had not informed him that the accused was in the hospital and that he had received some intimation by post. He further stated that the language of the letter was impolite and that taking into consideration the nature of the case and the fact that the accused had not appeared in Court for more than a year, he issued the warrant.