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1996 Supreme(SC) 385

G.B.PATTANAIK, K.RAMASWAMY
Secretary To Government, Prohibition And Excise Department – Appellant
Versus
L. Srinivasan – Respondent


ORDER

Leave granted.

2. We have heard the counsel on both sides.

3. Order dated November 12, 1993 in O.A. No. 1702/93 and 2206/93 of the Tamil Nadu Administrative Tribunal, Madras is in question before us. The respondent while working as Assistant Section Officer, Home, Prohibition and Excise Department had been placed under suspension. Departmental inquiry is in process. We are informed that charge sheet was laid for prosecution for the offences of embezzlement and fabrication of false records etc. and that the offences and the trial of the case is pending. The Tribunal had set aside the departmental enquiry and quashed the charge on the ground of delay in initiation of disciplinary proceedings. In the nature of the charges, it would take long time to detect embezzlement and fabrication of false records which should be done in secrecy. It is not necessary to go into the merits and record any finding on the charge levelled against the charged officer since any finding recorded by this Court would gravely prejudice the case of the parties at the enquiry and also at the trial. Therefore, we desist from expressing any opinion on merit or recording any of the contentions raised by the c




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