Cyriac Joseph, J.

1. The appellant in this Writ Appeal is the petitioner in O.P.No. 15632 of 2000. While the appellant was working as Forester in the Forest Department of the Government of Kerala, he was charge sheeted in connection with certain irregularities allegedly committed during 1982-83 in the Social Forestry Units, Palakkad and Pattambi and certain irregularities allegedly committed during 1984 in the Social Forestry Unit, Palakkad. As per the charge sheet, the charges levelled against the appellant were:

(a) Misappropriated government money without actually doing the works as per estimate provisions.

(b) Manipulated government records to suit personal gain and

(c) Supervisory failure in proper execution of departmental works resulted in the failure of many nurseries, causing heavy loss to the government to the tune of Rs.61,274.27.

The appellant submitted his explanation denying the charges against him. After detailed enquiry, the enquiry officer found that the charges against the appellant had not been proved. Accepting the report of the enquiry officer (Custodian/ Conservator of Vested Forests, Kozhikode), the Chief Conservator of Forests dropped all further proceedings against the appellant. Thereafter the appellant retired from service on superannuation on 30-09-1985. Almost 14 years after his retirement from service on superannuation, the appellant received Ext. P2 summons dated 3rd March, 1999 from the Court of the Enquiry Commissioner and Special Judge, Kozhikode in Calendar Case No.4 of 1999 requiring him to appear before that Court on 13-4-1999 to answer to charges under S.5(2) read with 5(1)(c) & (d) of the Prevention of Corruption Act, 1947 and S.409, 465, 477(A) and 120B of the Indian Penal Code. Later he was served with Ext. P1 charge sheet dated 12-1-1998 which was pursuant to F.I.R.No.2 of 1992 dated 31-8-1992 of the Vigilance and Anti Corruption Bureau, Kozhikode. The charge sheet against the appellant and the coaccused Mukundan read as follows:

"The charge against Al; Sri. Mukundan, S/o. Govindankutty Nair, No. 343, Chandra Nagar Coloney, Palaghat 7 and A2, Sri. P.I. Moideenkutty, S/o. Ismail, Poolakkal House, (PO) Edathara, Palakkad District is that while they were working as public servants in the capacities of Range Officer and Forester respectively at Social Forestry Range, Palakkad engaged in a criminal conspiracy as a result of which they had raised nurseries at Erimayur, Govt. College, Chittoor and Moolathara during 1983 by carrying out the work at a lower rate than the estimate rate directly by Al and A2 without engaging convenors as reported by them and by not executing the whole work charged as per vouchers and thereby Al and A2 dishonestly and fraudulently misappropriated Government money to a tune of Rs. 86,386.79/- by making forged and bogus vouchers and wilfully and with intent to defraud, falsifying the records maintained by them and therefore by corrupt or illegal means obtained for themselves a pecuniary advantage as stated above and thereby both accused committed offences punishable under S.5(2) R/W. 5(1)(c) and (d) of P.C. Act 1947 and S.409, 465, 477(A) and 120(b) of I.P.C."

Thereupon the appellant filed O.P. No. 15632 of 2000 praying for quashing the entire proceedings initiated against him pursuant to Ext. P1 Charge sheet and Ext. P2 Summons issued under S.61 of Criminal Procedure Code and for prohibiting the Enquiry Commissioner and Special Judge, Kozhikode from proceeding with C.C. No. 4 of 1999 against him. Along with the Original Petition, the appellant filed C.M.P. No. 25532 of 2000 praying for stay of all further proceedings in C.C. No. 4 of 1999 on the file of the Enquiry Commissioner and Special Judge, Kozhikode pending disposal of the Original Petition. While ordering notice to the respondent in the Original Petition and the C.M.P, the court passed an interim order on 6-6-2000 granting stay for two months. On 4-8-2000 the stay was extended for two weeks and on 17-8-200