STATE OF TAMIL NADU Vs. T MUNIRAJ NAIDU

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking to issue a writ of certiorari to call for the records of the Tamil Nadu administrative Tribunal, the second respondent herein, pertaining to the orders made in O. A. No. 4861 of 1996 dated 21/8/200 1 and to quash the same.

(2.) IN the affidavit filed in support of the writ petition, the petitioners had stated that the orders of the Tamil Nadu administrative Tribunal dated 21/8/2001 in O. A. No. 4861/1999, wherein the Tamil nadu Administrative Tribunal had set aside the punishment of "removal from service" imposed on the first respondent, with directions to reinstate him in service with all service and monetary benefits.

(3.) FOR quashing the said order passed by the Tamil Nadu state Administrative Tribunal, the learned counsel appearing for the petitioners would emphasize on the following points. The Tribunal, while considering the case of the first respondent, miserably failed to note that the first respondent being a person in an uniformed disciplinary force and also to take care of the prisoners lodged, to watch them, to avoid, escape of the prisoners or any untoward incident that may happen in prisons and they are expected to be vigil in a night duty. Whereas, the first respondent who was away from the place where he was expected to attend the duty in a particular place, slept during particular hour in an abnormal circumstances, which is considered to be a grave misconduct. Without considering this aspect and misconduct committed by the first respondent being a person in an uniformed service, the Tribunal has come to an erroneous conclusion and held that the harassment itself (facing enquiry by the first respondent before the disciplinary authorities for a long time) would be a sufficient punishment for the delinquency, is not at all a reasonable one and the same is liable to be set aside.