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1971 Supreme(Mad) 530

K.VEERASWAMI, V.V.RAGHAVAN
The State of Madras, represented by the Secretary to Government, Home Department, Fort St. George, Madras-9 – Appellant
Versus
M. Kandaswamy – Respondent


Advocates:
The Government Pleader, for Appellants.
Ramachandran and M/s. Rom and Reddy, for Respondent.

Raghavan. J.-The State of Madras is the appellant. The respondent entered service as Assistant Public Prosecutor, Grade II in 1942 at Coimbatore and was promoted to Grade I in 1945 and posted to Erode. He held the post till 1958 when as a result of investigation by the Crime Branch into certain complaints, the Tribunal for Disciplinary Proceedings conducted proceedings dated 24th May, 1958 against him. The Tribunal for Disciplinary Proceedings framed 14 charges and conducted an enquiry. After the evidence had been fully recorded and at the stage of hearing arguments, there was a change in the personnel of the Tribunal. The succeeding Officer heard the oral arguments, perused the written arguments as well and submitted his report to the Government. Out of the 14 charges framed against the respondent the Tribunal found that only four charges were proved. The Government accepted the report of the Tribunal and issued a show cause notice to the respondent to show cause why he should not be dismissed from service. The respondent submitted his explanation. After considering the same, the Government passed G. O. Ms. No. 1438, Home, dated 25th April, 1961, dismissing the respondent from ser










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