N. BALAKRISHNA Vs. CHIEF ENGINEER

JUDGEMENT

(1.) THE petitioner was an employee of KPTCL. Since he attained the age of superannuation on 29.02.2012, was relieved from the service. A chargesheet was served on the petitioner by the respondents on 03.07.2013 and the petitioner has submitted a reply on 08.07.2013. Having submitted the representations dated 23.11.2013, 06.12.2013 and 21.12.2013, this writ petition was filed asking for a mandamus to consider the representation dated 06.12.2013 vide Annexure -H and another representation dated 21.12.2013 vide Annexure -K and thereby drop the disciplinary enquiry initiated and release all consequential service benefits.

(2.) SRI . C.R. Patil, learned Counsel for the petitioner submitted that by an order dated 04.01.2013, the respondents have dropped the enquiry proceedings initiated against Venkateshaiah, a Senior Assistant, who was served with the chargesheet after attaining the age of superannuation and inaction on the part of respondents, particularly on account of the petitioner having been relieved from the service upon attaining the age of superannuation on 29.02.2012 is arbitrary. Learned Counsel further submitted that, the petitioner, in view of non payment of retirement benefits is facing severe hardship and hence, the respondents be directed to consider Annexures -H and K and release all the retirement benefits.

(3.) PERUSED the writ record. Since there is no denial by the respondents with regard to the submission of representations vide Annexures -H and K and in the order at Annexure -J, dropping the enquiry proceedings initiated against Venkateshaiah, since the same was initiated after his retirement from the service on attaining the age of superannuation, without expressing any opinion on merits of the claim made by the petitioner with regard to the illegality in the matter of initiation of disciplinary proceedings by issuing chargesheet dated 03.07.2013 after the petitioner having retired from the service on attaining the age of superannuation on 29.02.2012, the writ petition stands disposed of as follows: