K S RAJASEKHARIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) An Executive Engineer who retired on superannuation on January 9, 1965 is the petitioner before us. In this writ petition which he presented in August, 1965 he makes two complaints. The first is that he was improperly excluded from promotion to the post of a Superintending Engineer during the long period between June, 1963 and the date of his retirement. The second is that in a disciplinary proceeding which was commenced against him when he was still in service, a punishment in the nature of a reduction of pension was imposed on him after his retirement which was not permissible.

(2.) Mr. Keshava Iyengar appearing for the petitioner informed us that the petitioner does not press in this writ petition, the contention concerning his exclusion from promotion. He seeks permission to withdraw from that part of the writ petition with liberty to pursue other remedies such as might be available to him in that regard. We grant him permission to withdraw from that part of the writ petition in that way, reserving liberty for him to pursue such other remedies as may be available to him if he chooses to do so.

(3.) So, the only restricted investigation which we should make is into the complaint that there was an improper imposition of punishment after the petitioner's retirement.