STATE OF TAMIL NADU Vs. M NOOR MOHAMED

JUDGEMENT

(1.) THIS Writ petition is filed by the Government of Tamil nadu/secretary to Animal Husbandry and Fisheries Department for setting aside the order passed by the Tamil Nadu Administrative Tribunal in O. A. No. 3755 of 2001 dated 10. 7. 2002 and holding that the first respondent is entitled to all monetary and service benefits during the period of absence from duty i. e. , from 23. 12. 1980 to 6. 9. 1992.

(2.) WHEN the Disciplinary Authority differs from the finding of the Enquiry Officer, whether non-affording of further opportunity by the Disciplinary Authority would vitiate the Disciplinary Proceedings is the main point arising for consideration. On the basis of the proved charges, the first respondent was dismissed from service with effect from 23. 12. 1980 to 6. 9. 1992. By the order of the Government, he was reinstated on 7. 9. 1992. Whether the period from 23. 12. 1980 to 6. 9. 1992, during which the first respondent was being out of duty, is to be treated as the period of duty so as to entitle him to the monetary benefits is yet another point arising for consideration in this Writ Petition.

(3.) ONE A. J. Thangadurai, former Assistant Director of fisheries (Regional), Chengalpet at Madras was appointed as Enquiry Officer to conduct oral enquiry and to submit his findings. The Enquiry Officer has conducted oral enquiry and personal hearing on 2. 3. 1993 and submitted his Enquiry Report on 29. 3. 1993.