LAWS(MAD)-2004-4-227

S RAJESWARAN Vs. TAMIL NADU ADMINISTRATIVE TRIBUNAL

Decided On April 01, 2004
S.RAJESWARAN Appellant
V/S
TAMIL NADU ADMINISTRATIVE TRIBUNAL Respondents

JUDGEMENT

(1.) Rajeswaran, the petitioner who was working as Sub-Inspector of Police attached to Prohibition and Enforcement Wing, Palayamkottai, was suspended on 30.7.1983. Charges were framed for having demanded and received bribe of Rs.200/- from one Arokiasamy. After enquiry, he was dismissed from service. Aggrieved by the said order of dismissal, the petitioner went on appeal before the Inspector General of Police, the appellate authority. The appeal was rejected, confirming the dismissal order. Then, he filed a review petition before the Director General of Police and the same was also dismissed. Therefore, the petitioner filed a writ petition before this Court, which was subsequently transferred to the Tribunal and numbered as T.A.No.479 of 1992. Ultimately, by order dated 26.2.1998, the Tribunal dismissed the application. Hence, this writ petition before this Bench.

(2.) Brief facts are as follows:

(3.) Learned counsel for the petitioner, the delinquent officer, has cited several authorities, namely (i) 1981 (2) S.C.C. 493 (Khatri (IV) vs. State of Bihar), (ii) 1997 (I) L.L.J. 206 (C.M.Deshmukh & etc., vs. The Board of Trustees, Bombay Port), (iii) 1996 (II) L.L.J. 272 (Executive Committee, SBH Hyderabad & Anr. vs. D.Dhaneswara Rao); (iv) VIII-1991 (2) All India Services Law Journal 468 (P.Mani Paul & Ors. vs. U.O.I. & Ors.); (v) AIR 1994 SC 1205 (Vishnu Kondaji Jadhav vs. State of Maharashtra); (vi) 1997 (Vol.XLI) M.L.J. (Crl.) 66 (Nachal vs. State of Tamil Nadu) and (vii) 1978 (2) S.C.C. 407 (Keshoram Bora vs. State of Assam) and would contend that the impugned order passed by the Tribunal, confirming the order of dismissal, would suffer from various illegalities and as such, the petitioner is liable to be reinstated in service and entitled to the consequential benefits. Learned counsel has also taken pains in filing written submissions. He also filed the "Manual of the Directorate of Vigilance and Anti-Corruption, Tamil Nadu", after noting down relevant provisions of the procedures in the conduct of enquiry.