STATE OF TAMIL NADU Vs. S SUBRAMANIAM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the order of the Administrative Tribunal dated 12-2-1992 made in T. A. No. 1315/89 (Writ Petition No. 2050/84) transferred from the Madras High Court after constitution of the Administrative Tribunal with jurisdiction over disputes with respect to recruitment and conditions of the service of the employees of the Tamil Nadu etc. The Tribunal in its order dated12-2-1992 set aside the order of removal from service of the respondent on September 30, 1983 on the finding that merely reproducing the views of the Commission and a certification that the matter has been examined does not constitute a proper statutory order complying with requirements of rule 23 (i) of the Tamil Nadu Civil Services (Control and Appeal) Rules (for short, 'the Rules'). The facts not in dispute are as under: The respondent while working as a Deputy Tehsildar, Palani along with Revenue Inspector was charged to have acted, by corrupt motive, demanded and accepted illegal gratification from Thiru Veluchamy, son of Thiru Achara Naicker, Perumalnaickenvalasu Village Palai Taluk. Pursuant thereto, Veluchamy paid a sum of Rs. 50/- to the respondent and Rs. 20/- to the Revenue Inspector for effecting mutation of the name of the complainant in revenue records. The complainant was serving in the army. During the holidays when he came to his native place, he and his brother effected partition of their properties. In furtherance thereof, he sought mutation of his name in the entries in the revenue record of the lands that fell to his share. For the said purpose, he repeatedly approached the Revenue Inspector for effecting mutation who had stated that he required certain payments to be made which he had complied with and the amount was paid. He also demanded that Tehsildar required Rs. 50/-. When the complainant approached the respondent, the latter directed him to do whatever the Revenue Inspector directed him to do. In other words, the complaint is that on demand by the respondent of illegal gratification to discharge official duty and on his direction he paid the same to the Revenue Inspector who had received on his behalf. The complaint in that behalf was also laid with the Anti-Corruption Bureau and the trap was laid on the Revenue Inspector and he was caught. On the basis of the above evidence, charges were framed in a detailed manner, enquiry was conducted and opportunity also was given to the respondent to defend himself in the enquiry. After examination of the evidence, the disciplinary authority came to the conclusion that the charge was proved. Accordingly, a show cause notice was issued to him. On consideration of the reply to show cause notice, the respondent was removed from the service. The appeal was dismissed. After the Tribunal was constituted, the pending writ petition along with all other service cases were transferred to the Tribunal.

(3.) The Tribunal appreciated the evidence of the complainant and according to it the evidence of the complainant was discrepant and held that the appellant had not satisfactorily proved that the respondent had demanded and accepted illegal gratification. The Tribunal trenched upon appreciation of evidence of the complainant, did not rely on it to prove the above charges. On that basis, it set aside the order of the removal. Thus this appeal by special leave.