S M RAMANUJAM Vs. R DAMODARAN

JUDGEMENT

(1.) Brief facts of the case are as under : the complainant was a Sub-Inspector of Police and he was compulsorily retired from service in the year 1982 as a measure of punishment on the basis of a disciplinary enquiry held against him. An appeal preferred by him to the Appellate Authority was dismissed. He filed a Writ Petition which was also dismissed by the Madras High Court. Thereafter, in 1990 he filed an Original Application before the Tamil Nadu Administrative Tribunal which allowed his application on two grounds.

(2.) Against the said order of the Tamil Nadu Administrative Tribunal, the Government of Tamil Nadu filed an appeal before the Supreme Court on the ground inter alia that the Original Application before the Tamil Nadu Administrative Tribunal was not maintainable after the Writ Petition filed by the complainant was dismissed. The Supreme Court upheld the contention of the Government of Tamil Nadu and allowed the appeal filed against the order of the Tamil Nadu Administrative Tribunal.

(3.) In his complaint, the complainant has alleged that had his case been carefully handled by the opposite party Advocate before the Supreme Court, he (the complainant) would not have lost his case. According to him, when the appeal filed by the Government of Tamil Nadu was pending before the Supreme Court, he requested the opposite party to file a Caveat before the Supreme Court, but the opposite party failed to do so. Hence, he lost his case before the Supreme Court. On this ground, he has alleged deficiency in service on the part of the opposite party and has claimed that the opposite party should pay to him 50% of a sum of Rs.7,50,000/- which, he claims, is due to him from the Government of Tamil Nadu, and 50% of a sum of Rs.2,00,000/- being the expenses incurred by him in conducting the proceedings. Claiming these reliefs he has filed this complaint.