Full Judgment
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned proceedings in CMP No.96 of 2016 on the file of the learned I Additional District and Sessions Judge (PCR), Thanjavur and quash the same.)
"TAMIL
1. [As right conduct and disciplined way of life lead to eminence, it should be cherished and preserved carefully than even one's life.]
2. This petition has been filed to call for the records relating to the impugned proceedings in CMP No.96 of 2016 on the file of the learned I Additional District and Sessions Judge (PCR), Thanjavur and quash the same.
3. Ex hypothesi, the staff of the Court and the Presiding Officer are like the siamese twins, in that, one cannot exist without the other. They partner together for the cause of justice. Mutual respect for each other and strict adherence to the command structure is sine qua non for the smooth functioning of the system. Unfortunately, Mr.D.Rajasekaran, the Central Nazir of District Court, Thanjavur, had not taken his lessons properly, as could be seen from the facts obtaining in this case.4. The I Additional District Judge, Thanjavur, who also has powers to deal with Motor Accidents Claim Cases, had the occasion to call the cases, MCOP Nos.265 and 272 of 2015 on 19.01.2016 and at the time of calling, a representative from Meenakshi Hospital, Thanjavur, appeared and sought time to produce certain documents that he was required to submit, on the strength of summons received from the Court. The Presiding Officer perused the case records and found that he had not issued any summons for production of documents and this did ignite his suspicion. Similarly, he found that summons have been issued to the Assistant General Manager [Foreign Exchange], State Bank of India, Thanjavur Branch for his appearance as witness, albeit the fact that the Presiding Officer had not passed any orders summoning him. These summons were received under the hand and seal of Mr.D.Rajasekaran, Central Nazir of the Court and therefore, the Presiding Officer sent word through his bailiff asking Mr.D.Rajasekaran to come to the Court. It appears that after much haggling, Mr.D.Rajasekaran came to the Court and when he was questioned by the Presiding Officer as to why he had issued summons even without the orders of the Court, the former seems to have retorted insolently saying "xU ehisf;F 100 ngg;ghpy; ird; nghLfpwnd;. ,bjy;yhk; vd;dhy; ghh;j;Jfpl;L ,Uf;f KoahJ/@ [I sign in hundred papers every day. I cannot look into all these]. After saying so, he just left the Court without even taking leave from the Presiding Officer. The Presiding Officer rightly felt insulted at the behaviour of the Central Nazir and so he sent a Report about his conduct to the Principal District Judge, Thanjavur, who of course did nothing, but kept it underneath his pillow and slumbered. The Presiding Officer decided to initiate action u/s 346 Cr.P.C. He issued summons to Mr.D.Rajasekaran, Central Nazir. Challenging the summons, Mr.D.Rajasekaran has filed this petition for quashing the proceedings u/s 482 Cr.P.C., on the short ground that the Presiding Officer ought to have taken cognizance of the case on the date of hearing, namely 19.01.2016 and that his act of taking action u/s 345 Cr.P.C. on 20.01.2016 stands vitiated, in the light of the judgment of this Court in S.Rajanikanth vs. Tmt.C.Thirumagal in Crl.O.P.No.4003/2008 dated 27.06.2011. This Court called for records from the Court below and found that the Presiding Officer did not take action u/s 345 Cr.P.C., but initiated action u/s 346 Cr.P.C., as could be seen from the following order passed by him :
"On 19.01.2016, the Central Nazir, Principal District Court, Thanjavur was orally summoned to appear before this Court to offer explanation as to how and why he prepared summons to produce documents in this case and summons to appear and give evidence in M.C.O.P.No.272/2015. The Central Nazir Thiru D.Rajasekaran, Principal District Court, Thanjavur has exhibited disrespectful attitude towards the Court and its Officer on Dais and left the Court without any acceptable explanation and even before he was discharged from the summons which prima facie discloses offences punishable under Sections 179 IPC and 228 IPC. As the Central Nazir has left the Court, this Court could not proceed against him u/s 345 Cr.P.C. Hence, today this Court initiated suo motu proceedings under Section 346 Cr.P.C. Issue summons to D.Rajasekaran, Central Nazir, Principal District Court, Thanjavur through PDJ, Thanjavur, returnable by 25.01.2016."
5. In the summons that was sent to Mr.D.Rajasekaran, Section 345 Cr.P.C. has been quoted instead of Section 346 Cr.P.C. and that by itself cannot vitiate the proceedings, in view of the fact that the Presiding Officer has very clearly stated in the order extracted above that he has missed the bus by not taking action u/s 345 Cr.P.C. on the same day on account of which he is constrained to take action u/s 346 Cr.P.C. This Court did express its displeasure on the outrageous conduct of Mr.D.Rajasekaran and sensing the mood of this Court, Mr.M.Karunanithi, his counsel submitted that Mr.D.Rajasekaran is ready and willing to apologise to the Presiding Officer for his misbehaviour. In order to show his bona fide, Mr.D.Rajasekaran filed an affidavit before this Court tendering apology for his conduct. This Court asked Mr.D.Rajasekaran to appear before the Presiding Officer/I Additional District and Sessions Judge, Thanjavur and file an affidavit of apology and tender oral apology for his misbehaviour. Accordingly, on 05.05.2016, Mr.D.Rajasekaran, appeared before the I Additional District and Sessions Judge, Thanjavur and not only filed an affidavit of apology, but also apologised to the learned Judge for his misconduct and he also filed a compliance affidavit dated 06.05.2016 before this Court, wherein it is stated as follows:
"4. I beg to submit that as per the order dated 29.04.2016 by this Hon'ble Court, I appeared before the learned I Additional District and Sessions Judge (PCR) Thanjavur on 5.5.2016 and filed an affidavit and offered apology. Hence, the compliance affidavit."
6. This Court does not want to precipitate this matter further, as it would only bring disharmony, which will not augur well for the smooth functioning of the system. This Court is constrained to place on record its warning to Mr.D.Rajasekaran, to be respectful to Presiding Officers in the future and bestow attention to his duties.
7. In the result, this petition is allowed and the proceedings in C.M.P.No.96 of 2016 on the file of the I Additional District and Sessions Judge (PCR), Thanjavur, are hereby quashed. Though criminal prosecution is quashed, yet that will not be a shield against departmental action against Mr.D.Rajasekaran. Disciplinary action can be initiated against him for two charges, viz.,
(1) for issuing summons to witnesses even without Court orders; and
(2) for showing disrespect to the Presiding Officer.This Court is of the view that, it would suffice if Mr.D.Rajasekaran is transferred out of Thanjavur District instead of making him face disciplinary action. Hence, this Court directs the Registrar General, High Court, Madras to immediately transfer Mr.D.Rajasekaran, Central Nazir, Thanjavur District, to any other District. Consequently, connected miscellaneous petitions are closed.