ORDER

Though the notice was sent to the respondent on September 28, 1993, it came back with an endorsement "Not present. Hence return to sender". It would be obvious that the respondent is avoiding service. Notice must, therefore, be deemed to have been served on the respondent.

2. Leave granted.

3. The controversy raised in this case is covered by the decision of this Court in Karnataka Public Service Commission & Ors. v. B.M. Vijaya Shanker & Ors.1

4. Following the said decision, the appeal is allowed and the order of the Tribunal is set aside, but without costs.

Appeal allowed.

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