K RAMACHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the arguments of learned Counsel on both sides.

(2.) THE undisputed facts are that the petitioner here in retired on 30. 4. 1997 on attaining the age of superannuation as a Manager inthe Establishment of Respondent No. 3- City Municipal Council, bhadravathi, vide Annexure-A, letter dated 30. 4. 1997 of Respondent no. 3. When he so retired, a Disciplinary Enquiry by the Assistant commissioner, Shimoga Sub-Division, Shimoga, was pending against him on certain alleged charges of mis-conduct, as per Rule 11 (2)read with Rule 11 (5) (c) of the Karnataka Civil Services (Classification, control and appeals) Rules, 1957. On conclusion of the enquiry, the said Enquiry Officer submitted his enquiry report dated 11. 03. 1998 to Respondent No. 2 - Disciplinary Authority, holding that charges levelled against petitioner were not proved. That report was accepted by Respondent No. 2 vide Annexure-C dated 27. 03. 1998. Because of pendency of the said Disciplinary Proceeding, the pensionary and other related monetary benefits payable to the petitioner on his retirement were not settled by Respondent No. 4 Assistant Controller, local Audit Circle, Shimoga, who was the competent authority for the purpose. On the other hand, a letter dated 10. 12. 1998 Annexure-B was addressed by him to Respondent No. 3-Commissioner of city Municipal Council, Bhadravathi, stating that the provisional pension of Rs. 1,017/- as per Rule 214 (A) of Karnataka Civil Services rules was sanctioned to the petitioner and further stating that "if the departmental enquiry is completed and final order is passed, and relevant documents are sent, the commutation pension and D. C. R. G. will be released.

(3.) AS indicated by order Annexure-C, dated 27. 03. 1998 of respondent No. 2-Disciplinary Authority, the petitioner was exonerated of the charges levelled, and in respect of which the said disciplinary proceeding was initiated against him. Therefore, the petitioner has approached this Court seeking the following reliefs :-