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1995 Supreme(SC) 416

B.P.JEEVAN REDDY, SUHAS C.SEN
State Of T. N. – Appellant
Versus
K. Guruswamy – Respondent


ORDER

1. Leave granted.

2. This appeal is preferred against the judgment of the Tamil Nadu Administrative Tribunal. The respondent was a Sales Tax Officer. He was prosecuted for offences under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 as well as Section 201 of the Indian Penal Code. The trial court found him guilty under the provisions and sentenced him to imprisonment by its order dated 7-9-1976. On 31-10-1978, a notice was issued to the respondent by the State asking him to show cause why he should not be dismissed on the basis of the conduct which led to his conviction aforesaid. The respondent was dismissed on 27-11-1978 with reference to Rule 17(c) of Tamil Nadu Civil Services Rules which is evidently referable to proviso (a) to Article 311(2) of the Constitution of India. Subsequently, on 10-12-1981, the High Court dismissed the appeal preferred by the respondent against his conviction and sentence. The special leave petition filed by him has also been dismissed. After all this was over, the respondent approached the High Court by way of a writ petition questioning the order of his dismissal which was transferred to the Tamil Nadu State

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