JUDGMENT

Nanavati, J.-This appeal was heard along with Civil Appeal No. 4187 of 1994 but we are disposing of the same by a separate judgment.

2. The respondent is a Head Constable and as such a member of Tamil Nadu Police Subordinate Service. On 20.7.84 he was served with a charge memo for an act of misconduct committed on 7.7.84 and a departmental enquiry was thereafter initiated against him. The charge was held proved and by way of punishment he was reverted to the lower grade, that is, from Head Constable to Police Constable Grade I. He appealed against that order. As the appellate authority was of the view that the punishment imposed upon the respondent was very lenient it issued a show cause notice to him for enhancement of the penalty. His appeal was dismissed and by way of punishment he was compulsorily retired. The respondent then filed a writ petition in the High Court of Madras challenging not only the punishment imposed upon him but also initiation of the enquiry against him. That petition was transferred to the Tamil Nadu Administrative Tribunal and was numbered as T.A. No. 271 of 1992.

3. The charge against the respondent was that on 7.7.84 he was deputed to attend a