K.VENKATASWAMI, V.N.KHARE
Commissioner And Secretary To The Government – Appellant
Versus
C. Shanmugam – Respondent
( 1 ). This appeal by special leave is preferred against an order of the Tamil Nadu Administrative tribunal in OA No. 2253 of 1991 dated 11/5/1993. The respondent was a basic servant in the District Employment Office, Tiruchirapalli. By an order dated 13/5/1980 he was placed under suspension on account of his misbehaviour with his superior officers and on that count charges were framed against him under Rule 17-B of the Tamil Nadu Civil Services (CCA) Rules. After holding a regular departmental enquiry an order of compulsory retirement was passed against the respondent by the disciplinary authority. The departmental appeal and review were not successful. Hence he moved the tribunal by filing the said OA. The tribunal was of the view that the copy of the enquiry report was not supplied to the delinquent on account of which he could not place his defence effectively. The tribunal also thoroughly reappreciated the evidence and found that in the absence of an independent witness to substantiate the charges, the conclusions reached by the disciplinary authority based on evidence of the other employees in the office, cannot be sustained. Another ground given by the tribunal was that the
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