Judgment

BEG. C.J.I. :- The Mysore State Road Transport Corporation is the appellant by special leave before us. The First respondent, a conductor in the Mysore Govt. Road Transport Department, had petitioned in the High Court under Article 226 against the appellant and the State of Mysore and asked it to quash an order of his dismissal, passed on 25-1-1961, in disciplinary proceedings taken against him at a time when he was a servant of the Mysore Govt. Road Transport Department. The Government Department was abolished on 1-8-1961. But, before this event happened, the Mysore Govt. had sent notices to its employees on 23-6-61 proposing to transfer all those persons who were actually in its service on the date of issue of these notices and had accepted offers of appointment as employees of the Corporation. The first respondent, having been already dismissed for misconduct on 25-1-1961 was not the recipient of one of these notices to exercise an option.

2. In his writ petition, questioning the order of his dismissal the first respondent had also asked for a declaration that he had continued in service since the date of his suspension and commencement of disciplinary proceedings. The Hi