Chennai: Quashing disciplinary proceedings against a sacked additional district judge, fast track court, Ariyalur, the Madras high court has directed the authorities to provide him pay and allowances till he was discontinued and relieved from service. This was on a writ petition from M. Sekar, suspended additional district judge, and a division bench comprising justices R. Sudhakar and R. Karuppiah heard the case.

In the petition, Sekar submitted that after assuming charge as fast track court judge, Ariyalur, in 2009, on a complaint, the administrative committee of the Madras HC placed him under suspension in January 2010.

The order permitted subsistence allowance and dearness allowance as admissible under fundamental rule 53(1). As his explanation was not satisfactory, on February 2011, three charges were framed against him.

As per the charges, Sekar smoked in the presence of judicial officials in his chamber and passed vulgar/rude comments with a revolver in his hand. He took case properties including two country-made revolvers, bullets, cellphone, chest box, RC book and other vital court documents. He committed serious misconduct, failure to maintain decorum, unbecoming of a judicial officer.

The administrative committee, in its meeting in April 2012, relieved Sekar from contractual service. The court initiated a departmental enquiry under Justice N. Kirubakaran. Sekar contended that after his removal from service, there was no jural relationship between him and the high court from April 25, 2012. Hence, he was not under the control of the court since, as there was no master-servant relationship. Relieving him from the post was illegal, he added. Hence, he prayed that the court quash the disciplinary proceedings and pay him salary and pension along with Rs10 lakh for damages.

Stating that the disciplinary proceedings pending against him were liable to be quashed, the bench said, “He is entitled to full emoluments, pay and allowances till he was discontinued and relieved from service.”