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

LegalCrystal Citation
SubjectService
CourtKarnataka High Court
Decided On
Case NumberWrit Petn. No. 1508 of 1964
Judge
Reported inAIR1968Kant81; AIR1968Mys81; (1967)1MysLJ105
ActsMysore Civil Services Rules - Rule 95
AppellantS. Subba Rao
RespondentState of Mysore and anr.
Excerpt:
.....same to the parties and unless the parties pay the duty on the basis of such valuation, shall keep pending the process of registration and refer the matter along with a copy of the instrument to the deputy commissioner for determination of the market value of the property and in turn, as per section 45a of the act itself, an obligation is cast on the deputy commissioner to hold a proper enquiry after affording reasonable opportunity to the parties concerned and then to fix the market value. it appears, enough safeguard is provided under the amended section 45a as well as section 45b of the act. even the guidelines provided does not emphasis on the sub-registrar being the registering authority, to accept the guidelines and to determine the market value rather the discretion has been given..........95 of the mysore civil services rules, the petitioner has retired from government service and the pending disciplinary proceeding cannot, therefore, continue. (3) mr. venkataramaiah, the special government pleader, points that by an order made by government on november 13, 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 Iyer, 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) Mr. Venkataramaiah, the Special Government Pleader, points that by an order made by Government on November 13, 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 with the sanction of Government if the Govt. servant is physically fit and his 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 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 authorised retention for punishment in a pending disciplinary proceeding was deleted from the Rules on February 2, 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.

(8) Petition allowed


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