V.K. Varadharajan vs The Principal District Judge and The District Munsif

S.J. Mukhopadhaya, J.—The petitioner has challenged the order No. 3/2001 dated 16.11.2001 and the consequential order dated

12.8.2002, both passed by the first respondent, the Principal District Judge, Nagapattinam.

By the first order, the petitioner was suspended and by the second order, it was ordered that the departmental proceedings will lie over awaiting

the Judgment in Criminal Case and it was ordered to continue the petitioner under suspension.

During the pendency of the writ petition, the order of suspension has been revoked and it is informed that the criminal case ended in acquittal. It

appears that the petitioner has earlier moved this Court in W.P. No. 15049 of 2002 wherein this Court remitted the matter with a direction to the

Principal District Judge, Nagapattinam to complete the departmental proceedings and only thereafter the order dated 12.8.2002 was passed.

We have heard the parties and noticed the various orders passed by the Principal District Judge, Nagapattinam.

We do not appreciate the manner in which the matter has been taken up by the Principal District Judge, Nagapttinam. When this Court by order

dated 3.6.2002 passed in W.P. No. 15049 of 2002 directed the Disciplinary Authority to conduct and conclude the departmental enquiry within a

period of four months from the date of receipt of the said order, it is not clear as to how the Principal District Judge, Nagapattinam can supersede

such order of the Court by directing to keep the case as ""Lie over awaiting Judgment in Criminal Case"".

As the Principal District Judge, Nagapattinam is not a party respondent by name in his individual capacity, we are not making any observation

against such officer but we only make it clear that if the Court''s order is not complied immediately then the party may bring the matter before this

Court for appropriate action against such Officer.

We remit the case with a direction to the Principal District Judge, Nagapattinam to act in terms of the order dated 3.6.2002 passed by this

Court in W.P. No. 15049 of 2002 and pass final order in the Departmental proceedings within a period of six weeks from the date of receipt or

production of copy of this order. The Registrar-General of this Court is also directed to inform this order to the present Principal District Judge,

Nagapattinam and ask him to report compliance of this order in the administrative side of this Court within two months. Let copy of this order be

communicated to the Registrar-General, High Court of Madras, Chennai.

The writ petition stands disposed off with the above said observations and directions. But there shall be no order as to costs. Consequently, the

connected W.P.M.P. is closed.