PRINCIPAL SECRETARY TO THE GOVERNMENT OF TAMIL NADU, HOME (SC) DEPARTMENT, FORT ST. GEORGE, CHENNAI Vs. J. JOSEPH VAZ

JUDGEMENT

(1.) The present Writ Appeal has been filed as against the order of the learned Single Judge dated 21.07.2009, made in W.P.(MD).No. 4705 of 2004.

(2.) The short facts, which are necessary to dispose of the present Writ Appeal, are as follows :

(3.) The learned Single Judge, by discussing the evidence of the witnesses adduced before the Enquiry Officer in detail, has come to the conclusion that the charges framed against the respondent have not been proved. The learned Single Judge has also observed in the order that the testimonies of witnesses have not been considered at all and the findings of the Enquiry Officer were based upon surmises and conjectures and the Tamil Nadu Public Service Commission also merely went by the report. The disciplinary authority has also failed to consider the material points and simply accepted the findings of the Enquiry Officer. By observing so, the Writ Petition was allowed by the learned Single Judge, by order dated 21.07.2009. Aggrieved over the same, the present Writ Appeal has been filed.