COMMANDANT Vs. C. FRANCIS

JUDGEMENT

(1.) HEARD the submissions of Mrs. A. Sri Jayanthi, learned Special Government Pleader appearing for the appellant and Mr. K. Venkataramani, learned Senior Counsel appearing for the respondent.

(2.) THIS writ appeal is filed against the order made in W.P. No. 7470 of 2007, dated 29.9.2009, wherein the respondent has prayed to set aside the order of dismissal passed against him in F1/P.R. No. 23/2001, dated 17.1.2002 and for a direction to reinstate the respondent into service and to grant him all consequential service and monetary benefits. The said writ petition was allowed by the learned single Judge and aggrieved over the same, the appellant department has filed this appeal.

(3.) ENQUIRY was conducted for the said charge and the respondent was dismissed from service by an order dated 17.1.2002. The respondent challenged the said order of dismissal before the Tamil Nadu Administrative Tribunal by filing O.A. No. 741 of 2002 and obtained an order of interim stay and by virtue of the same, the respondent was reinstated into service on 04.7.2002. Thereafter, the said O.A. was transferred to this Court and taken on file as W.P. No. 7470 of 2007 after the abolition of the Tamil Nadu Administrative Tribunal. The respondent was acquitted from the criminal case, which was tried as Sessions Case No. 336 of 2000 on the file of Additional District and Sessions Judge, Fast Tract Court No. I, Chengalpattu, by judgment dated 28.3.2002 holding that the prosecution has not proved the case beyond reasonable doubt about the commission of the offence by the respondent as alleged in the charge sheet. Based on the said acquittal in S.C. No. 336 of 2000, the learned single Judge allowed the writ petition filed by the respondent.