The petitioner, who is now working as the Principal Police Training College, Madras, seeks to quash the very charge in respect of which the Departmental Enquiry No. 31/1980 was proposed by the respondents and also seeks a consequential relief to forbear the respondents from proceeding with the said enquiry.

2. Several grounds are urged at the instance of the petitioner to support the reliefs claimed. One among them is that when the Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal) Rules 1955 hereinafter referred to as the Rules were framed by the Government of Tamil Nadu in exercise of the powers conferred by the proviso to Art. 309 of the Constitution of India, S. 5(1)(e) was not in the Prevention of Corruption Act, 1947 and that, therefore, the respondents are not entitled to proceed against the petitioner in respect of the charge, which, according to the petitioner, falls within the ambit of S. 5(1)(e). After S. 5(1)(e) was incorporated in the Central enactment, the Prevention of Corruption Act, 1947, by virtue of Amendment Act 40 of 1964, there was no consequential amendment to the Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal) Rules 1955,