H.C. VENKATACHALA SETTY, S/O LATE CHOWDAIAH SETTY Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, K.G.S., M.S. BUILDINGS, BANGALORE-560001 AND BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSION

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Single Judge dismissing the petition of the employee challenging the dismissal from service. The charge sheet issued to the appellant mentions his absence from work and cautions the appellant to show -cause as to why he should not be compulsorily retired from service. An enquiry was conducted, in which a Medical Board had also been constituted. The findings of the Board are to the effect that the appellant -petitioner was suffering from ill -health. This being the position, it may be arguable that the decision bringing his service to an end was questionable. Be that as it may, the prayer which has been articulated before us is to convert the order of termination of service to one of compulsory retirement.

(2.) LEARNED counsel for the respondent has obtained instructions in the matter and submitted that the respondent -Bangalore Development Authority would be willing for the matter to be laid to rest by converting the dismissal order to one of compulsory retirement. We are also satisfied that in the circumstances of the case, this is the proper course to adopt. Accordingly, the appeal is allowed by converting the order of dismissal of the petitioner -appellant to one of compulsory retirement with effect from the date of dismissal order itself. Parties to bear their respective costs.