JUDGMENT

The appeal by special leave arises from the judgment of the Andhra Pradesh Administrative Tribunal dated 18-1-1979 decreeing the suit instituted by the respondent whereby he challenged the order of the Government dated 22-9-1970 dismissing him from service. The Administrative Tribunal found that the order of dismissal was rendered on the basis of an enquiry conducted by the Disciplinary Tribunal which had no jurisdiction to conduct the enquiry as R. 3(2) of the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Rules, 1961, under which the enquiry is purported to have been conducted, had been declared invalid by a judgment of the High Court rendered on 20-12-1973. The Administrative Tribunal apparently did not notice that that judgment had been reversed. by a Division Bench of the High Court by its judgment dated 19-7-1976 holding that Rule 3(2) was intra vires and valid.

2. Mr. Nambiar, appearing for the appellant-State, raises two fundamental points. He submits that the question as to thejursdiction of the Disciplinary Tribunal had been concluded against the respondent in earlier proceedings as a result of which it was not open to the Administrative Tribuna