P S VASANTHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner filed Original Application in O. A. No. 2127 of 1997 before the Tamil Nadu Administrative Tribunal; consequent upon its abolition, the said original Application was transferred to this court and re-numbered as W. P. 10773 of 2005, to direct the respondents herein to (i) extend the benefits of the judgment dated 10. 05. 1996 in O. A. No. 470 of 1989 and T. A. No. 337 of 1989 and in consequent direction to set aside the order of termination in P. R. No. 33 of 1984 dated 17. 04. 1985, (ii) reinstate the petitioner in service, with continuity of service, (iii) pay full backwages from the date of dismissal till today.

(2.) HEARD both sides.

(3.) THE nutshell facts which are absolutely necessary and germane for the disposal of this writ petition would run thus: indubitably and indisputably, the petitioner herein was working as Driver p. C. 564 in the Tamil Nadu Special Police, II Battalian, Avadi, Madras. While so, he was served with a charge memo on 21. 08. 1994 implicating him to the effect that on 05. 07. 1994, during evening time, in response to the request made by his higher official, the Motor Transport Officer by name, Arumugam, the petitioner herein purchased food items such as mutton, bread and bananas; while he was returning back to the camp concerned wherein the said Arumugam was staying, the driver P. C. No. 477, Ponniah, P. C. No. 180 Vadivelu, stopped the petitioner and obtained the food items from him and urinated it and handed it over to the writ petitioner who in turn, knowing the factum of the food items having been contaminated by urine, handed it over to the said Arumugam who ate it unknowingly.