B. SHIVARAMANNA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) THIS writ petition is by the State Government employee who while serving as an 'Assistant' in the Karnataka Government Secretariat was subjected to certain disciplinary enquiry on the ground of misconduct etc., the disciplinary authority proceedings having been initiated against him which ultimately resulted in the disciplinary authority passing an order of compulsory retirement on 7.2.2003 and the appellate authority having found no occasion to vary the same and having dismissed the appeal confirming the punishment imposed on the petitioner. Questioning the legality of this order, petitioner filed Application No. 4071/2003 before the Karnataka Administrative Tribunal, Bangalore. The Tribunal after discussing the merits of the matter in its opinion thought it proper to dispose of the application in the following terms:

(2.) WRIT petitioner though got substantial relief before the Tribunal in the above matter, is nevertheless, aggrieved that while passing the impugned order, the Tribunal has made it clear that the writ petitioner is not entitled for monetary benefits like salary etc., during the interregnum period of the order of compulsory retirement and date of reinstatement, but he is entitled only for other service benefits like seniority etc.

(3.) APPEARING on behalf of the petitioner, submission of Sri. S.G. Pandit, learned counsel is that the Tribunal is not justified in imposing unwarranted and unnecessary conditions to deny the wages to the writ petitioner even after it had come to the conclusion that the impugned order of compulsory retirement of the petitioner from service was not sustainable and liable to be quashed.