IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WA.No. 2275 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27317/2008 Dated 03/10/2008 .................... APPELLANT(S): PETITIONER: -------------------------------------------- V.M.SURESH BABU,S/O.P.DAMODARAN MENON, NANGELI HOUSE, KURUCHIKKARA P.O. PENGANAMKAD, THRICHUR DIST. BY ADV. SMT.T.V.SREEJA SRI.SHAJI THANKAPPAN SRI.PRAMOD KOCHUTHOMMEN.E. RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHI NAGAR,KOCHI-20. 2. CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, GANDHI NAGAR,KOCHI-20. 3. REGIONAL MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, PALAKKAD. ADV. SRI. LAKSHMI NARAYANAN, SC FOR R1 TO R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2275 of 2008 ------------------------------------- Dated 10th December, 2008 JUDGMENT Koshy,J . Appellant/petitioner was an employee of the Kerala State Civil Supplies Corporation. He was convicted and sentenced for an offence punishable under section 13(1)(c) read with section 13(2) of the Prevention of Corruption Act, 1988 and under sections 409 and 477-A read with section 120-B of the Indian Penal Code. He was placed under suspension when charge sheet was issued and on the basis of the conviction order, he was removed from service by Ext.P11 order. He filed appeal against Ext.P11 order and the same was also dismissed by Ext.P14 order. Against the special court judgment appeal was filed before this court and that appeal is pending. His sentence was suspended by interim order pending the appeal. It is his contention that since his sentence was suspended, he should be reinstated in service. Conviction was not stayed. His writ petition challenging removal from service was rejected by the W.A.No.2275/2008 2 learned single Judge with a condition that if he is acquitted, he can approach the employer with necessary prayers. We are of the opinion that no interference is required in the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks