A.R. Lakshmanan, J.

The appellants are the respondents in O.P.No. 2970 of 1993 filed by the respondent herein seeking to declare that no disciplinary proceedings on Exts. P1 and P8 are possible against the petitioner/respondent herein either under the provisions of the Kerala Civil Services (Classification, Control and appeal) Rules, 1960 read with Note 3 to R.3 Part III of the Kerala Service (Amendment) Rules, 1986. He also sought to quash Exts. P6, P8, P10 and P11 orders of the 2nd respondent (2nd appellant herein) and for a mandamus compelling the appellants herein to regularise his services from 20.2.1998 to 31.5.1989 as duty and consequently to disburse his salary and other allowances for that period.

2. The case of the respondent herein, in short, is as follows. The respondent attained the age of superannuation on 31.5.1989. At that time he was an Assistant Executive Engineer. On 31.1.1979, Ext. P1 memo of charges was issued to the respondent alleging that while holding the post of Junior Engineer Regional Stores of the Rural Development Board, Calicut, during the year 1975-76 the respondent had defalcated the store materials, as a result of which the Rural Developm