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Issues involved: Challenge to order of Tamil Nadu Administrative Tribunal quashing suspension and charges due to delay in disciplinary proceedings.
Details of the Judgment: The Supreme Court granted leave and heard arguments from both sides regarding the Order dated November 12, 1993 in O.A. No.1702/93 and 2206/93 of the Tamil Nadu Administrative Tribunal, Madras. The respondent, an Assistant Section Officer in the Home, Prohibition and Excise Department, had been suspended pending a departmental inquiry for embezzlement and fabrication of false records. The Tribunal had set aside the departmental inquiry and quashed the charges citing delay in initiating disciplinary proceedings. The Supreme Court refrained from expressing any opinion on the merits of the charges to avoid prejudicing the ongoing inquiry and trial. It criticized the Tribunal for exceeding its judicial review powers, stating that the Tribunal lacked knowledge of service law jurisprudence and acted beyond its authority in quashing the suspension and charges prematurely. The Court emphasized the need to remedy such instances to reduce the burden on the judiciary. The Supreme Court allowed the appeals and set aside the Tribunal's order. The disciplinary authority was given the freedom to proceed with the inquiry, and the trial was directed to continue in accordance with the law. No costs were awarded in the matter.
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