M. SAMPATH KUMAR Vs. THE PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(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. 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.