ORDER :

K. Venkataswami, J.

This appeal is directed against the order dated 2-2-1996 of the Tamil Nadu Administrative Tribunal, Madras, whereunder the Tribunal has set aside the order of removal of the respondent from service as Head Constable. In support of the order, the Tribunal has given two reasons, namely, one was that the charge memo was issued by the Assistant Commissioner of Police, who was not the competent authority. The other reason was that the persons (co-delinquents), who were playing cards along with the respondent, had been let off by the Additional Director General of Police on the review petitions filed by those co-delinquents. The Tribunal ultimately quashed the impugned order of removal and directed the authorities to reinstate the respondent in service with all service and monetary benefits within two months from the date of the receipt of the order.

2. We have heard learned counsel on both sides. We find that the first reason given by the Tribunal is no longer sustainable in view of the judgment of this Court in Inspector General of Police v. Thavasiappan. On the other reason given by the Tribunal, we find that there is some force in the light of the order factu