A Village Administrative Officer removed from service pursuant to departmental enquiry of charges of receipt of illegal gratification and misappropriation has challenged the proceedings of the Tamil Nadu Public Service Commission dated 11. 1995 and the orders of the Government in G.O.Ms.No.669 dated 112. 1995 and consequentially for a direction to the respondents to reinstate him in service with service and monetary benefits.

2. Though the petitioner has raised several contentions assailing the impugned orders on the grounds of lack of evidence, non-consideration of his explanation in proper perspective and other grounds, Mr. R. Singaravelan learned counsel for the petitioner submitted that the appellate authority has failed to consider the statutory appeal with reference to the parameter set in Rule 23 of Tamil Nadu Civil Services (Discipline and Appeal) Rules.

3. The short facts of the case are as follows:

The petitioner was an Administrative Officer. He was placed on defence in DE No.3/88 dated 13. 1988 by the Disciplinary Proceedings Tribunal for the following charges.

"Charge – 1: That while he (Applicant) was working as Village Administrative Officer, Pottaneri Nallagoundanpatti Village and Veerakkalpudur Village, Mettur Taluk, Salem District, actuated by corrupt motive and in abuse of his (Applicants) official position and authority, on 12. 2007 at about 7. a.m. When Thiru Mohammed Mohideen, S/o. Shahul Hammed, Asfa Grocery Shop Moolakkadai, Kunjandtyur, Mettur Taluk, met him (Applicant) and showed the memo received by him from the Tahsildar, Mettur requesting him to produce a certificate of his non-involvement in any Civil/Criminal cases and also a certificate to the effect that he had sufficient means to run a Grocery shop for the purpose of renewal of his licence for dealing in food grains and essential commodities and requested him (Applicant) to issue the aforesaid certificates, he (Applicant) after going through the memo, demanded from the said Mohammed Mohideen an illegal gratification of Rs.150/- for issuing the certificates, when the said Mohammed Mohideen informed that he had not brought, so much money he (Applicant) told him that he need not worry since the following two days were holidays, that he could pay the money in the evening and get the certificates. In pursuance of the aforesaid demand and direction, on 12. 1987 at about 8.30 a.m. he (Applicant) had received the illegal gratification of Rs.150/- from the said Mohammed Mohideen at his (Applicants) residence at No.36/240 Thermal Plant, VOC. Nagar Thangammapuripattinam, Mettur Dam R.S. and issued him the certificates as requested by him.

Charge No.2.

That, while he (Applicant) was working as Village Administrative Officer, Pottaneri Nallagoundanpatti Village and Veerakalpudur Village, Mettur Taluk, Salem District actuated by corrupt motive and in abuse of his official position and authority, on 12. 87 and 12. 1987 with dishonest motive and with intention to obtain wrongful gain to himself (Applicant) he (Applicant) had collected a total sum of Rs.120/- at Rs.15/-each from:

1. Tmt. Venkateswari w/o. Balasubramaniam, Puduchampalli, Veerakalpaudur Village.

2. Tmt. Mani, w/o. Madesh, Puduchampalli.

3. Tmt. Kaveri w/o. Vijayarathinam, Puduchampalli.

4. Tmt. Thulasimani, w/o. Arumugham, Puduchampalli.

5. Tmt. Kaveri, w/o. Angappan, Puduchampalli.

6. Tmt. Pappai, w/o. Sankaran, Karumalaikudal.

7. Tmt. Suseela, w/o. Arjunan, Puduchampalli.

8. Tmt. Narasammal, w/o. Palaniappan, Puduchampalli.

At his (application) residence at No.36/240, Thermat plant road V.O.C. Nagar, Thangammapuripattinam, Mettur Dam, R.S. for enrolling them under the Labour Insurance-cum-retirement benefit special Scheme and accounted for only Rs.80/-at Rs.10/- each by writing the receipt on 12. 1987 after his (Applicants arrest in trap case (Vide charge-1 above) and he (Applicant) had misappropriated the balance amount of Rs.40/-.

Charge No.3:

That, while he (Applicant) wa