ORDER

Leave granted.

2. The respondent was imputed with a charge that he demanded and accepted a sum of Rs. 3,000/- as illegal gratification for refraining from registering a complaint in respect of the bribe given, against whom criminal prosecution was to be initiated. The matter was referred to the Tribunal for disciplinary proceedings which after enquiry submitted its report on July 20, 1994, holding that the charge against the respondent had been proved and he was guilty of the charge. However, it recommended to impose the penalty of stoppage of three increments with cumulative effect. The Government after consideration of the evidence found that the recommendation was not correct proper and that major penalty was required to be given. Accordingly, show cause notice, together with copy of the report, was issued for imposing punishment of dismissal from service and the respondent submitted his reply. The Government after considering the entire material came to the conclusion that the respondent deserved to be dismissed from service. Accordingly, order, viz., G.O. Ms. No. 238 Home (SCA) dated July 28, 1995 dismissing him from service was issued. On the O.A. having been filed befor