ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. This appeal is preferred against the judgment of a learned Single Member of the Tamil Nadu Administrative Tribunal allowing the original application filed by the respondent.

4. The respondent was a Male Nursing Assistant in the TB Hospital. The charge against him is that he tried to misbehave with the wife of an in-patient during the night. Even earlier he had tried to tease her. The proceedings were initiated on the basis of a complaint filed by the said lady. Actually, the lady and her husband left the hospital and went to their place in the State of Andhra Pradesh where the husband is said to have died later of TB.

5. On the basis of the preliminary enquiry report, a regular enquiry was ordered. The Enquiry Officer examined a co-worker and certain other persons who were present in the ward at the relevant time. In spite of efforts being made, the presence of the lady (with whom the respondent is said to have misbehaved) could not be secured. Even so on the basis of the evidence available, the Enquiry Officer reported that the respondent is guilty. (The enquiry was actually conducted by a team of two doctors, Dr