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2005 Supreme(Mad) 61

P.SATHASIVAM, S.K.KRISHNAN
Union of India represented by its Commissioner of Income Tax, Tamil Nadu-I, Chennai and another – Appellant
Versus
The Central Administrative Tribunal, Chennai Branch, represented by its Registrar, High Court Building, Chennai and another – Respondent


Advocates:
Ms.Srilekha, for M.T.Arunan, Additional Central Government Standing Counsel, for Petitioners.
Vijay Narayan, Senior Counsel, for R.Parthibhan, for Respondent No.2.

P.Sathasivam, J.: By consent of all the parties writ petition itself is taken up for disposal. Aggrieved by the order of Central Administrative Tribunal, Chennai Bench/first respondent herein dated 24.9.2003 made in O.A.No.447 of 2003, allowing the said application by quashing the Memorandum dated 8/10.10.2002, and reinstating them from conducting departmental enquiry, Commissioner of Income Tax-VIII, Chennai-34 has filed the above writ petition praying to quash the same on various grounds.

2. The brief facts which are required for the disposal of the writ petition are stated hereunder: The second respondent herein was working as Income Tax Officer in the Government of India. On 29.1.1 985 there was a raid on the applicant and on the basis of subsequent proceedings, criminal action was initiated on 25.4.1988 and the same was taken on file of the 9th Additional Sessions Judge as C.C.No.6 of 1988 and subsequently the proceedings were transferred to the Court of Special Judge for C.B.I. cases and registered as C.C.No.19 of 1997. On 26.10.1992, the Department also initiated disciplinary proceedings by framing four Articles of charges. It is the case of the 2nd respondent/ applicant that












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