Full Judgment Text
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PETITIONER:
SECRETARY TO GOVERNMENT,PROHIBITION & EXCISE DEPARTMENT
Vs.
RESPONDENT:
L. SRINIVASAN
DATE OF JUDGMENT: 15/02/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (3) 157 JT 1996 (3) 202
1996 SCALE (2)411
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard the counsel an both sides.
Order dated November 12, 1993 in O.A. No.1702/93 and
2206/93 of the Tamil Nadu Administrative Tribunal, Madras is
in question before us. The respondent while working as
Assistant Section Officer, Home, Prohibition and Excise
Department had been placed under suspension. Departmental
inquiry is in process. We are informed that charge sheet was
laid for prosecution for the offences of embezzlement and
fabrication of false records etc. and that the offences and
the trial of the case is pending. The Tribunal had set aside
the departmental enquiry and quashed the charge on the
ground of delay in initiation of disciplinary proceedings.
In the nature of the charges, it would take long time to
detect embezzlement and fabrication of false records which
should be done in secrecy. It is not necessary to go into
the merits and record any finding on the charge levelled
against the charged officer since any finding recorded by
this Court would gravely prejudice the case of the parties
at the enquiry and also at the trial. Therefore, we desist
from expressing any opinion on merit or recording any of the
contentions raised by the counsel on either side. Suffice it
to state that the Administrative Tribunal has committed
grossest error in its exercise of the judicial review. The
member of the Administrative Tribunal appear to have no
knowledge of the jurisprudence of the service law and
exercised power as if he is an appellate forum de hors the
limitation of judicial review. This is one such instance
where a member had exceeded his power of judicial review in
quashing the suspension order and charges even at the
threshold. We are coming across frequently such orders
putting heavy pressure on this Court to examine each case in
detail. It is high time that it is remedied.
The appeal are accordingly allowed and the order of the
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Tribunal is set aside. The controversy is at large the
disciplinary authority would be free to proceed with the
enquiry and trial also be proceeded in accordance with law.
No costs.