State of Tamil Nadu and Others vs K. Guruswamy

B.P. Jeevan Reddy and; Suhas C. Sen, JJ.-Leave granted.

This appeal is preferred against the judgment of the Tamil Nadu Administrative Tribunal. The respondent was a Sales Tax Officer. He was prosecuted for offences under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 as well as Section 201 of the Indian Penal Code. The trial court found him guilty under the said provisions and sentenced him to imprisonment by its order dated 7-9-1976. On 31-10-1978, a notice was issued to the respondent by the State asking him to show cause why he should not be dismissed on the basis of the conduct which led to his conviction aforesaid. The respondent was dismissed on 27-11-1978 with reference to Rule 17(c) of Tamil Nadu Civil Services Rules which is evidently referable to proviso (a) to Article 311(2) of the Constitution of India. Subsequently, on 10-12-1981, the High Court dismissed the appeal preferred by the respondent against his conviction and sentence. The special leave petition filed by him has also been dismissed. After all this was over, the respondent approached the High Court by way of a writ petition questioning the order of his dismissal which was transferred to the Tamil Nadu State Administrative Tribunal. The Tribunal has set aside the said dismissal order on the ground that no ample opportunity was given to the respondent to show cause against the action proposed. The Tribunal holds that though the respondent did not show cause pursuant to the show-cause notice, yet it was obligatory upon the authority to consider the appropriate punishment called for in the facts and circumstances of the case. In our opinion, the said principle can make no difference in the facts of this case. Here, the respondent has been convicted for corruption and there can be nothing short of dismissal in such cases. No other lesser punishment can be contemplated in such cases.

The appeal is accordingly allowed. The judgment of the Tribunal is set aside and the order of dismissal is restored. No costs.