J K Lonakar vs Karnataka Food And Civil Supplies ... on 13 February, 2013
4. Shri R. Krishnamurthy, learned advocate, by
placing reliance on an order dated 04.07.2011 passed in
Writ Petition No.47867/2004 (M. Krishna Murthy vs.
Karnataka Food and Civil Supplies Corporation Ltd.), which
was affirmed in Writ Appeal No.15165/2011, by a
judgment dated 24.02.2012 (Karnataka Food and Civil
Supplies Corporation Ltd., vs. M. Krishna Murthy),
contended that the order compulsorily retiring the
petitioner being 'stigmatic' and the same having not been
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passed after holding a Disciplinary Enquiry is arbitrary and
illegal. He further contended that the impugned order
suffers from malice in law and is not in public interest or in
the interest of the Corporation and that the same has been
passed as a short cut to impose the punishment for alleged
unauthorised absence. He submitted that the petitioner
having attained the age of superannuation on 31.05.2012,
the impugned order and the endorsement may be quashed
and the respondent be directed to pay 75% of salary and
allowances as was ordered in Writ Appeal No.15165/2011
and extend all the consequential service benefits, by
treating the petitioner as having been on duty till the age
of he attaining the age of superannuation.