THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENT HOME (SC) DEPARTMENT, CHENNAI AND THE TRANSPORT COMMISSIONER, CHENNAI Vs. N. RAZIUDDIN AND THE REGISTRAR, TAMIL NADU ADMINISTRATIVE TRIBUNAL, CHENNAI

JUDGEMENT

(1.) The respondents before the Tamil Nadu Administrative Tribunal namely the Secretary to the Government and the Transport Commissioner are the petitioners herein. The first respondent herein filed O.A. No.6314 of 1986 praying for an order to quash the punishment of removal from service made in G.O. Ms. No.1414 dated 24.9.1996 and to pay the consequential monetary and service benefits. The Tribunal, by the order impugned in this writ petition, allowed the application and directed to grant all consequential monetary and service benefits to the first respondent herein. The writ petition is against this order.

(2.) The brief facts of the case are stated hereunder :

(3.) One of the main grounds raised by the first respondent before the Tribunal was that the Government did not issue a second show cause notice proposing the penalty to be inflicted upon him, namely the removal from service, which is contrary to Rule 10 of the Civil Service (Disciplinary Proceedings) Rule, 1955 and is liable to be quashed. The Tamil Nadu Administrative Tribunal accepted the case of the first respondent and set aside the order of removal solely on this legal question. The writ petition is against this order of the Tamil Nadu Administrative Tribunal.