1 W.P.(C) No. 40521 of 2024 2025:KER:27911 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 40521 OF 2024 PETITIONER/S: SONY A.S. AGED 43 YEARS DAUGHTER OF K. SASIDHARAN, MUNSIFF, MUNSIFF COURT, CHENGANNUR, ALAPPUZHA DISTRICT, KERALA, RESIDING AT ASHA BHAVAN, KURUMTHALY, PALLODE, PACHA P O, THIRUVANANTHAPURAM, KERALA, PIN – 695562. BY ADVS. REKHA VASUDEVAN SOYA D.C MAHESH C.R. ELIZABETH V.JOSEPH ASWATHY ANILKUMAR ANN MARY ANSEL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695014. 2 THE HIGH COURT OF KERALA, REPRESENTED BY ITS REGISTRAR GENERAL, HIGH COURT COMPLEX, HIGH COURT P O, ERNAKULAM, KERALA, PIN – 682031. 3 THE REGISTRAR DISTRICT/ SUBORDINATE JUDICIARY, HIGH COURT OF KERALA, HIGH COURT COMPLEX, HIGH COURT P O, ERNAKULAM, KERALA, PIN – 682031. 2 W.P.(C) No. 40521 of 2024 2025:KER:27911 4 THE JOINT REGISTRAR, HIGH COURT OF KERALA, HIGH COURT COMPLEX, HIGH COURT P O, ERNAKULAM, KERALA, PIN – 682031. BY ADV. S. RADHAKRISHNAN - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No. 40521 of 2024 2025:KER:27911 D. K. SINGH, J. -------------------------- W.P.(C) No. 40521 of 2024 ------------------------- Dated this the 28th day of March, 2025 JUDGMENT 1. The petitioner while working as Judicial First Class Magistrate – III, Kollam had faced disciplinary proceedings for following charges; 1) That you, Smt. Sony A. S. while working as JFCM-III, Kollam during the period from 01.08.16 to 31.12.16 disposed of a total number of 1910 cases of which more than 1000 cases were cases registered for the offences punishable both under S.279 IPC and S.185 of the M.V. Act, 1988, more than 100 cases for the offences punishable under S.279 and 338 I.P.C, more than 180 cases for the offence punishable under S.15(c) r/w S.63 of the Abkari Act and more than 15 such cases for the offences punishable under S.27 (b) of the NDPS Act by invoking Section 258 Cr.P.C; 2) That you disposed of the said cases under S.258 Cr.P.C. indiscriminately, without recording any reason for stopping the proceedings or on flimsy grounds and without taking any effort to understand the law on the subject and the real scope of the provision or without taking any step under S.82 and S.83 Cr.P.C; 3) That you did so, to impress upon the High Court – which had asked you to improve your performance – that you were doing hard work. 4) That by disposing of the cases under Section 258 Cr.P.C., you, deliberately disobeyed the direction contained in High Court O.M. No. D3-61918/2013 dated 23/11/2015. 5) That in spite of ample opportunities provided to improve your work, You failed to do so and did not make any effort for self correction; and 6) The above said acts amount to arbitrary exercise of judicial discretion and power, grave misconduct and dereliction of duty which are unbecoming of a judicial officer. 4 W.P.(C) No. 40521 of 2024 2025:KER:27911 2. The Additional Sessions Judge (Abkari Cases), Kottarakkara conducted the enquiry proceedings, and in its report dated 11.05.2020 found all the charges proved against the petitioner. 3. The High Court, on the administrative side, after considering the response of the petitioner to the show cause notice for the proposed punishment and also taking into consideration of the apology tendered by the petitioner and the undertaking that in future, she will not conduct any mistake, has awarded the punishment of major penalty by withholding of two increments with cumulative effect. 4. The petitioner, in her reply to the show cause notice, asked to pardon her for her past mistakes and said that she has firmly affirmed and undertake that she will never ever in her service repeat such mistakes. 5. The learned Counsel for the petitioner submits that there was no malice or any consideration while disposing of 1,910 cases by the petitioner in a short span of five months. It might have affected by zeal to impress the High Court. But the punishment awarded to the petitioner is highly disproportionate to the misconduct committed by her. 5 W.P.(C) No. 40521 of 2024 2025:KER:27911 6. The submission of the learned Counsel for the petitioner is that this Court may consider referring the matter to the High Court for reconsidering the punishment awarded to the petitioner as the same appears to be highly disproportionate. 7. The learned Counsel for the High Court, however, submits that initially the punishment of removal from service was proposed. But, considering the sympathetic view and the apology tendered by the petitioner and the undertaking given by her that she will not commit such mistakes in future, a lenient view was taken by the High Court in awarding the punishment of withholding of two increments with cumulative effect. The submission of the learned Counsel for the High Court is that the punishment is neither disproportionate to the misconduct committed by the petitioner nor shock the conscious. 8. I have considered the submissions. There is no allegation that the petitioner had disposed of 1910 cases during a short period of five months for some extraneous consideration except that she acted in zeal to impress the High Court. There is no charge for any malice or extraneous consideration. Therefore, it would be appropriate to permit the petitioner to file a representation before the High Court for reducing the punishment and the High Court may 6 W.P.(C) No. 40521 of 2024 2025:KER:27911 take appropriate view in the matter as may be required considering the entire facts and circumstances of the case. 9. In view of the aforesaid discussion, the present writ petition is hereby disposed of with liberty to the petitioner to approach the High Court with proper representation for reduction of punishment and the High Court should consider the request with the prospective and may reconsider the quantum of punishment inflicted upon the petitioner. Sd/- D. K. SINGH JUDGE Svn 7 W.P.(C) No. 40521 of 2024 2025:KER:27911 APPENDIX OF WP(C) 40521/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RETYPED COPY OF THE MEMO OF CHARGES DATED 05.09.2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 A TRUE COPY OF THE EXPLANATION DATED 24.09.2018 SUBMITTED BY THE APPLICANT TO THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE OFFICIAL MEMORANDUM NO. I- 2/5689/2017/I-1 DATED 17.12.2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 A TRUE COPY OF THE ENQUIRY REPORT DATED 11.05.2020 SUBMITTED BY THE ENQUIRY OFFICER ON THE EXHIBIT P1 MEMO OF CHARGES EXHIBIT P5 A TRUE COPY OF NOTICE NO.I-2/5689/2017/I-1 DATED 21.07.2020 EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 03.08.2020 SUBMITTED BY THE APPLICANT TO THE 3RD RESPONDENT EXHIBIT P7 A TRUE COPY OF THE NOTICE NO. I-2/5689/2017/I- 1 DATED 08.02.2021 ISSUED BY THE 3RD RESPONDENT EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 08.03.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P9 A TRUE COPY OF THE G O (RT) NO. 1131/2022/HOME DATED 22.04.2022 ISSUED BY THE 1ST RESPONDENT EXHIBIT P10 A TRUE COPY OF THE REVIEW PETITION DATED 13.06.2023 ALONG WITH THE FORWARDING LETTERS DATED 13.06.2023 SUBMITTED BY THE PETITIONER EXHIBIT P11 A TRUE COPY OF THE PETITION DATED 12.06.2023 SEEKING TO CONDONE DELAY SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT 8 W.P.(C) No. 40521 of 2024 2025:KER:27911 EXHIBIT P12 A TRUE COPY OF THE O M NO. DI-3/131211/2023 DATED 12.01.2024 ISSUED BY THE 3RD RESPONDENT EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 08.02.2024 OF THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO.4939 OF 2024 EXHIBIT P14 A TRUE COPY OF THE G.O. (RT) NO.1625/2024/HOME DATED 11.06.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P15 A TRUE COPY OF THE O M NO. HCKL-2103/2024-B1(A) DATED 9.9.2024 ISSUED BY THE JOINT REGISTRAR ON BEHALF OF THE 3RD RESPONDENT EXHIBIT P16 A TRUE COPY OF THE LETTER NO E5-53048/2017 DATED 07.04.2018 ISSUED ON BEHALF OF THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P17 A TRUE COPY OF THE LETTER NO E5-53048/2017 DATED 13.08.2018 ISSUED ON BEHALF OF THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P18 A TRUE COPY OF THE LETTER NO. E7(B)-36195/2021 DATED 02.08.2022 ISSUED ON BEHALF OF THE 3RD RESPONDENT TO THE PETITIONER RESPONDENT EXHIBITS EXHIBIT R3(A) A TRUE COPY OF THE JUDGES (PROTECTION) ACT, 1985 EXHIBIT R3(B) A TRUE COPY OF THE OM NO. D3-61918/2013 DATED 01.08.2013 EXHIBIT R3(C) A TRUE COPY OF THE O.M. NO. D3-61918/2013 DATED 23.11.2015 EXHIBIT R3(D) A TRUE COPY OF THE MINUTES OF THE ADMINISTRATIVE COMMITTEE DATED 18.09.2017