IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11356 of 2009(L) -------------------------- PETITIONER: --------------- N.CHANDRAN,DEPUTY SECRETARY TO GOVERNMENT (RETD),NALUKETTU VEEDU,KAKKAMOOLA, KALLIYOOR.PO,THIRUVANANTHAPURAM-42. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATI0N DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.11356 of 2009 -------------------------- Dated this the 6th April,2009 J U D G M E N T The petitioner seeks for a direction to the 2nd respondent to consider Exhibit-P4 representation. While he was working as Section Officer, he was posted as Block Development Officer, Uzhavoor. During this period, a vigilance case as C.C No.6/98 was registered against him by the Enquiry Commissioner and Special Judge, Thrissur. He was convicted and sentenced to under to rigorous imprisonment for a period of four years and to pay a fine of Rs.40,000/- and in default to undergo simple imprisonment for one year . He challenged the same in Crl.A No.406/2000 before this Court. Meanwhile he retired from service on 31.3.2000 and by Exhibit-P1 order the Government reduced the pension by 10% for a period of 7 years under Rule 59 (b) Part III of Kerala Service Rules. 2. The Criminal Appeal ended in his favour and he was acquitted of all the charges under Sections 13 (1) (c ) W.P ( C) No.11356 of 2009 2 and 13 (1) (d) r/w Sec.13 (2) of the P.C Act 1988 and under Section 409 I.P.C. The conviction under Section 477A IPC was confirmed and he was directed to pay a fine of Rs.30,000/- (Rupees Thirty thousand only) He has already remitted the fine of Rs.30,000/- in the office of the Enquiry Commissioner and Special Judge, Thrissur, which is evidenced by Exhibit-P3. The petitioner has filed Exhibit- P4 representation before the 2nd respondent for releasing the withheld arrears of pension for seven years from 1.4.2000 to 31.3.2007. The petitioner contends that in the light of the fact that he has remitted the fine amount and as the order of conviction has been modified there may not be any hindrance in the matter. There will be a direction to the 2nd respondent to consider and pass orders on Exhibit-P4, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment., The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.11356 of 2009 3 W.P ( C) No.11356 of 2009 4