IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25826 of 2011(C) --------- -------------------------- PETITIONER: ------------------- K. ABDUL RAHIMAN, AGED 58 YEARS, S/O. KADHAR, EX-REVENUE INSPECTOR, OTTAPALAM MUNICIPALITY, RESI: FARIS MANZIL, MOOLODE, MATHUR, PALAKKAD. BY ADV. SRI. U.BALAGANGADHARAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVT. DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM-695001. 3. THE SECRETARY, OTTAPALAM MUNICIPALITY, OTTAPALAM-679101. 4. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM-695001. R1, R2 & R4 BY GOVERNMENT PLEADER SMT. SUDHA DEVI. R3 BY ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE (SC) ADV. SRI.A.S.SAJUSH PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. WP(C).No. 25826 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER OF R3 NO.G1-1792/99 DATED 22/2/1999. EXT.P2: TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT NO. B8-4793/1999 DATED 7/6/2004. EXT.P3: TRUE COPY OF THE JUDGEMENT IN CRL. APPEAL NO.122/2002 DATED 01/02/2011. EXT.P4: TRUE COPY OF REPRESENTATION DATED 7/6/2011 TO THE SECOND RESPONDENT. EXT.P5: TRUE COPY OF REMINDER DATED 16/8/2011 OF THE PETITIONER TO THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE SCL. K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.25826 of 2011-C. = = = = = = = = = = = = = Dated this the 28th September, 2011. J U D G M E N T The petitioner, while working as a Revenue Inspector, was charge sheeted under the Prevention of Corruption Act. The Enquiry Commissioner and Special Judge found him guilty and he was sentenced to two years rigorous imprisonment and fine. On his conviction, the petitioner was dismissed from service under Rule 18 of the Kerala Civil Services (Classification, Control & Appeal) Rules (KCS (CCA) Rules for short), as per Ext.P2. The petitioner was challenged Ext.P2 before this Court in Criminal Appeal No.122/2002 which was allowed by Ext.P3 judgment and he was acquitted. 2. Subsequent to his acquittal, the petitioner submitted Ext.P4 requesting that he be reinstated in service with all consequential benefits, as stipulated by Rule 18 of the KCS (CCA) Rules. The petitioner complains that though WP(C).No.25826/2011-C. 2 he has followed up Ext.P4 with a reminder, no orders are passed thereon till date. 3. I have heard the learned Government Pleader as well as Sri.K.K.Chandran Pillai, Senior Advocate for the 3rd respondent. 4. In view of the fact that Ext.P4 is pending before the second respondent, it is sufficient that the 2nd respondent is directed to consider Ext.P4 expeditiously. 5. This writ petition is accordingly disposed of directing the second respondent to consider the representation of the petitioner evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-