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1996 Supreme(SC) 1403

G.B.PATTANAIK, K.RAMASWAMY
N. Rajarathinam – Appellant
Versus
State Of T. N. – Respondent


ORDER

Delay condoned.

2. This special leave petition has been filed against an order of the Tamil Nadu Administrative Tribunal, Madras Bench, made on February 26, 1996 in OA No. 2152 of 1991. The petitioner, while working as Assistant Commissioner of Commercial Taxes, demanded and accepted illegal gratification. Consequently, he was suspended from service on October 1, 1995. An enquiry into the charges was conducted by the Tribunal for disciplinary proceedings. The Tribunal recommended dismissal of the petitioner from service on the basis of the finding that the preponderance of evidence established that petitioner had demanded and accepted illegal gratification from PW-1 (Shammugasundaram). Accepting the report, the disciplinary authority, by its order dated January 6, 1989, dismissed the petitioner from service. The petitioner then filed OA in the Tribunal. In the first instance, the Tribunal allowed the petition. Subsequently, when an appeal was filed in this Court, this Court by its order dated September 8, 1995 set aside the Tribunals order and held that the Tribunal is not a fact finding authority and the jurisdiction of the Tribunal is such matters is well settled. It was also




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