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 Nal