CHENNAI: The Madras High Court has refused to revoke an order of the state government and the subsequent notification of the court for compulsorily retiring a district judge who was charged with carrying out murky financial transactions and acquisition of wealth by his family members.
A division bench of Justices R Subramanian and G Arul Murugan dismissed the petition filed by the district judge S Gunasekar of Ranipet recently.
He was appointed as district judge in 2018 and was placed under suspension two years later. The charges against him included ill-treatment of lower grade employees by him and his wife, and the acquisition of least 25 immovable properties by his wife without informing the HC and purchase of a BMW car, besides suspicious credits of lump sum amounts in his salary account.
The administrative committee of the court decided to retire him compulsorily in 2021. The decision was approved by the full court. Subsequently, the state government issued an order followed by the high court’s notification.
Gunsekar contended that the TN Government Servants’ Conduct Rules, 1973, does not require an employee to notify acquisition or disposal of immovable property by members of his family; and such properties were not purchased using his financial resources.
However, the bench said he, being a judicial officer, has to obey the circulars issued in this regard by the high court, and he cannot be treated as a government servant.
“It is only to secure such higher degree of probity and integrity, the high court had thought it fit to require judicial officers to provide information of acquisition of assets by their family members, even though it is out of their own funds,” the bench said. Unless it is shown that the materials relied upon by the administrative committee were totally irrelevant or that the decision is tainted and malicious, which is not the case of the petitioner, the decision cannot be interfered with.