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Subba Rao (S.) Vs. State of Mysore and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtKarnataka High Court
Decided On
Case NumberWrit Petition No. 1508 of 1964
Judge
Reported in(1970)ILLJ308Kant
ActsMysore Civil Services Rules - Rule 95
AppellantSubba Rao (S.)
RespondentState of Mysore and anr.
Excerpt:
.....period of limitation plea against dismissal of appeal as barred by limitation - held, the last date for presentation of the appeal being a holiday and the appeal presented on the very next day, should be taken to have been filed within the period of limitation in the wake of the provisions of section 10 of the mysore general clauses act, 1899. the question of filing an application seeking for condonation of delay does not arise. impugned order was quashed and matter remanded to the appellate authority to examine the appeal on merits treating the appeal filed as in time. section 62 & karnataka value added tax rules, 2005, rules 148 & 149 & mysore general clauses act (3 of 1899),section 10:[d.v.shylendra kumar,j] filing of appeal-limitation - last date for filing appeal was a..........95 of the mysore civil services rules, the petitioner has retired from government service and the pending disciplinary proceeding cannot, therefore, continue. 3. sri venkataramayya, the special government pleader, points out that by an order made by government on 13 november 1963, it was declared that the petitioner shall be deemed to have been placed under suspension from the date of the original order of dismissal, and that he shall continue to remain under suspension until further orders or until the date of termination of the enquiry. 4. but the fact that he was placed under suspension in that way and not even the fact that it was declared that he shall be deemed to have been placed under suspension from the date of the original order of dismissal can arrest the retirement which.....
Judgment:

Somnath Ayyar, J.

1. It is indisputable that during the pendency of this writ petition, the petitioner reached the age of superannuation.

2. That being so, under the provisions of rule 95 of the Mysore Civil Services Rules, the petitioner has retired from Government service and the pending disciplinary proceeding cannot, therefore, continue.

3. Sri Venkataramayya, the Special Government Pleader, points out that by an Order made by Government on 13 November 1963, it was declared that the petitioner shall be deemed to have been placed under suspension from the date of the original order of dismissal, and that he shall continue to remain under suspension until further orders or until the date of termination of the enquiry.

4. But the fact that he was placed under suspension in that way and not even the fact that it was declared that he shall be deemed to have been placed under suspension from the date of the original order of dismissal can arrest the retirement which comes into being on the attainment of the age of superannuation under rule 95. The only contingency in which such retirement does not come into being is when a Government servant is retained in service after the attainment of the age of superannuation will the sanction of Government if the Government servant is physically fit and in retention is considered necessary on public grounds, and there is record to that effect in writing. There was no such retention in service in the case of the petitioner, and such retention on public grounds might not have been possible in a case where a disciplinary proceeding is pending against a Government servant.

5. Clause (b) of rule 95 which authorized retention for punishment in a pending disciplinary proceeding was deleted from the rules on 2 February, 1965, and so, no appeal could be made to that clause which was not existing when the petitioner attained the age of superannuation.

6. So, it should follow that the impugned disciplinary proceedings cannot continue and we quash them. It is on this short ground that this writ petition is allowed.

7. In the circumstances, no costs.


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