P PERUMAL Vs. DISTRICT FOREST OFFICER DIVISION

JUDGEMENT

(1.) THE petitioner was working as a Jeep Driver. He was accused of murdering three sub-ordinate staffs in the Forest range. A criminal case was filed against him which was tried by the Sessions Court, Salem in S.C.No,200 of 94. THE sessions Court by a judgment dated 08.09.1995 convicted the petitioner and sentenced him to undergo Rigorous Imprisonment for 5 years. Immediately on receipt of the information of conviction, the respondent by a final order dated 12.05.1997 dismissed the petitioner from service. THE petitioner gave a representation dated 26.11.1996 stating that since he had filed an appeal before this Court against his conviction, he should not be proceeded with. THEreafter, he filed the present Original Application.

(2.) PENDING the Original Application, the Tribunal without any justification granted an interim order dated 31.03.1998. The stand of the Tribunal was that the Show Cause Notice was violative of Rule 17(c)(1)(1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in as much as the penalty was referred in the punishment.

(3.) WITH reference to the second contention that in the Show Cause Notice, penalty was mentioned is concerned, Rule 17 referred to by the Tribunal has got no value since the Supreme Court in Union of India v. Tulsiram Patel reported in (1985) 3 SCC 398 held in paragraph 69 held as follows: