GOVERNMENT OF TAMIL NADU Vs. M. C. PANDI

JUDGEMENT

(1.) This Writ Appeal has been preferred by the appellants against the order of the learned Single Judge, who while setting aside the order passed by the appellate authority and the reviewing authority, restored the one passed by the disciplinary authority.

(2.) The issue is with respect to receiving of money for leaking out the question paper by supplying the same to the prospective candidates. Respondent No.1 was working as Head Constable. Both the criminal case and the departmental enquiry were initiated against 61 persons, who were holding different ranks. Respondent No.1 herein was however, not made as an accused while proceeded with departmentally.

(3.) The disciplinary authority, pursuant to the enquiry report, held that the charges are proved and imposed a punishment of reduction of pay by one stage with cumulative effect. The appellate authority while confirming the said order, invoked Rule 15-A of the Tamil Nadu Police Subordinate Service [Discipline and Appeal] Rules [hereinafter referred to as ''the Rules''], seeking to enhance the punishment. Accordingly, the order of dismissal was passed. The reviewing authority has modified the same into one of compulsory retirement. The learned Single Judge while setting aside the order of the appellate authority and reviewing authority, has not assigned any reason for restoring the order of the original authority. Challenging the same, the present writ appeal has been filed.