S.P. TALUKDAR, J.

(1) THE petitioner was a member of the Indian Police Service. Immediately before his retirement on 1st December, 1997, a Memorandum of Charges was issued against him on 26th November, 1997 whereby an enquiry under Rule 8 of All India services (Discipline and Appeal) Rules, 1969 (D. A. Rules) was directed to be held. It was for alleged violation of the provisions of Rule 3 (i) of All India Services (Conduct) Rules, 1968 read with Rule 15 (i) of All India Services (Conduct) Rules, 1968.

(2) THE petitioner by filing an application under Section 19 of the Administrative tribunal Act, 1985 before the Central Administrative Tribunal (hereinafter referred to as "the Tribunal"), being O. A. No. 934 of 1998, challenged such proposed initiation of the disciplinary proceeding. By order dated 20th August, 2004, the Tribunal dismissed the said application.

(3) THE present application under Article 226 of the Constitution is directed against the judgment and order dated 20th August, 2004.

(4) AFTER hearing learned Counsel for both parties and taking into consideration the relevant fact and materials, it appears to be the main contention of the present petitioner that pr