JUDGMENT :

(A. Muhamed Mustaque, J.) :

The State has come up in this original petition challenging an order of the Kerala Administrative Tribunal (for short, the 'Tribunal') in an application filed by the respondent herein. By the impugned order, the Tribunal set aside the disciplinary proceedings and penalty imposed on the respondent.

2. The brief facts of the case are as follows :

The respondent, a driver in the Police Department was suspended from service with effect from 21.12.2005 consequent upon the registration of a criminal case against him. He was convicted in the criminal case for offences under Sections 8(1) and (2) and 55(g) of the Abkari Act. He was found distilling arrack along with one lady, namely, Smt.Radha who was first accused in the crime. On an appeal, he was acquitted, granting the benefit of doubt. The disciplinary proceedings were initiated against him on two sets of allegations: firstly, with reference to the criminal offence, and secondly, with reference to the illicit relationship with the first accused, Radha. In the disciplinary proceedings, he was found guilty and he was ordered to be removed from the service. Accordingly, he was removed from the service