B.P.JEEVAN REDDY, SUHAS C.SEN
Transport Commissioner, Madras 5 – Appellant
Versus
A. Radha Krishna Moorthy – Respondent
JUDGMENT
B.P. JEEVAN REDDY, J.- Leave granted. Heard counsel for both the parties.
2. This appeal is preferred against the judgment of the Tamil Nadu Administrative Tribunal allowing the original application filed by the respondent and quashing the memo of charges communicated to the respondent.
3. The respondent Radha Krishna Moorthy was working as the Additional Regional Transport Officer, Madras (Central) during the period 20-6-1984 to 20-3-1985. In September 1985 he was promoted as Deputy Transport Commissioner. Some time in the first half of 1989, a Special Audit Wing of the Transport Department detected and reported misappropriation of a large amount of Government money in the office of the Regional Transport Officer, Madras (Central) during the years 1983-84 and 1984-85. On the basis of the said report a memo of charges dated 4-6-1989 was communicated to the respondent.
4. The memo of charges first sets out the amounts misappropriated under various heads in the said office during the aforesaid years, and then follow paragraphs 4, 5 and 6, which read as follows:
"4. During the above period, you Thiru. A. Radhakrishnamoorthy were performing the duties and responsibilities in the a
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