(1.) The respondents in the writ petition, the state of Kerala and the Additional Tribunal for Disciplinary Proceedings, are the appellants and the petitioner, who was the Commandant, SAP., the respondent. The State Government, the first appellant, started an inquiry against the respondent under the All India Services (Discipline and Appeal) Rules, 1969 and appointed the second appellant as Tribunal (Inquiry Authority) to hold the inquiry. Originally, another officer was appointed Inquiry Authority; and the second appellant was appointed only subsequently). The Tribunal (the first officer) issued summonses to some witnesses to appear but the witnesses failed to appear. Then the Tribunal pointed put this difficulty (that he had, no power to compel the appearance of witnesses) to the State Government; and the State Government passed Ext. P2, the impugned order the relevant portion of which read.
(2.) We do not propose to go into details in this case. Both parties agree that the inquiry is held under the All India Services (Discipline and Appeal) Rules of 1969. Both parties also agree that, under the said Rules, the Tribunal had no power, which a civil court had, under the Code of Civil Procedure. Both parties further agree that it was this lacuna that was sought to be filled up by Ex. P2.
(3.) The All India Services (Discipline and Appeal) Rules are framed under S.3 of the All India Services Act. S.3 (i) of the said Act reads: