( 1 ) HEARD the arguments of learned Counsel on both sides.

( 2 ) THE undisputed facts are that the petitioner here in retired on 30. 4. 1997 on attaining the age of superannuation as a Manager inthe Establishment of Respondent No. 3- City Municipal Council, bhadravathi, vide Annexure-A, letter dated 30. 4. 1997 of Respondent no. 3. When he so retired, a Disciplinary Enquiry by the Assistant commissioner, Shimoga Sub-Division, Shimoga, was pending against him on certain alleged charges of mis-conduct, as per Rule 11 (2) read with Rule 11 (5) (c) of the Karnataka Civil Services (Classification, control and appeals) Rules, 1957. On conclusion of the enquiry, the said Enquiry Officer submitted his enquiry report dated 11. 03. 1998 to Respondent No. 2 - Disciplinary Authority, holding that charges levelled against petitioner were not proved. That report was accepted by Respondent No. 2 vide Annexure-C dated 27. 03. 1998. Because of pendency of the said Disciplinary Proceeding, the pensionary and other related monetary benefits payable to the petitioner on his retirement were not settled by Respondent No. 4 Assistant Controller, local Audit Circle, Shimoga, who was the