STATE Vs. M NATRAJAN

JUDGEMENT

(1.) THESE appeals arise from the judgement of the T.N. Administrative tribunal, chennai.

(2.) THE admitted facts are that on 10.2.1987. the respondents misbehaed with two ladies and outreaged their modiesty and took them into the lock up earlier hours, 2 am. When two persons intervened at they were beaten by them. As a consequence, an enquiry was held and a criminal case was also instituded against the respondents, when they were asked to appear before the enquiry officer, they failed to appear in spite of several opportunities. E.O was constrained to record the findings and recommended imposition of the punishment of stoppage of three increments. After that disciplinary authority had issued notice to respondents. THEy asked for opportunity to cross-examine the witness and sought fresh enquiry on thme ground that by date the criminal case filed against them was withdrawn, competent authority declined and imposed punishment of removal from service, they filed O.As. in the tribunal who allowed the O.As. on the ground that the disciplinary authority aid not consider the evidence 10 justify the finding of proof of charges and violated the principles of natural justice. We find that the tribunal was not justified in reaching the conclusion, for the tribunal itself has cateegorically recorded finding at pages 8-10 .........