9911796707
TMI Blog1996 (1) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... service of the employees of the Tamil Nadu etc. The Tribunal in its order dated 12.2.1992 set aside the order of removal from service of the respondent on September 30, 1983 on the finding that merely reproducing the views of the Commission and a certification that the matter has been examined does not constitute a proper statutory order complying with requirements of Rule 23(i) of the Tamil Nadu Civil Services (Control Appeal) Rules (for short, 'the Rules'). The facts not in dispute are as under : The respondent while working as a Deputy Tehsildar, Palani along with Revenue Inspector was charged to have acted, by corrupt motive, demanded and accepted illegal gratification from Thiru Veluchamy, son of Thiru Achara Naicker, Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion that the charge was proved. Accordingly, a show cause notice was issued to him. On consideration of the reply to show cause notice, the respondent was removed from the service. The appeal was dismissed. After the Tribunal was constituted, the pending writ petition along with all other service cases were transferred to the Tribunal. 3. The Tribunal appreciated the evidence of the complainant and according to it the evidence of the complainant was discrepant and held that the appellant had not satisfactorily proved that the respondent had demanded and accepted illegal gratification. The Tribunal trenched upon appreciation of evidence of the complainant, did not rely on it to prove the above charges. On that basis, it set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the authority is based on evidence, Tribunal is devoid of power to re-appreciate the evidence and would come to its own conclusion on the proof of the charge. The only consideration the Court/Tribunal has in its judicial review is to consider whether the conclusion is based on evidence on record and supports the finding or whether the conclusion is based on no evidence. This is consistent view of this Court vide B.C. Chaturvedi v. Union of India, (1996) ILLJ 1231 SC; State of Tamil Nadu v. T.V. Venugopalan (1994) 6 SCC 302; Union of India v. Upendra Singh (1994) ILLJ 808 SC; Government of Tamil Nadu and Anr. v. A. Rajapandian (1995) ILLJ 953 SC and Union of India v. B.S. Chaturvedi (1996) ILLJ 1231 SC . In view of the settled legal positi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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