IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 5725 of 2008(F) PETITIONER: P.R.SATHYANESA KURUP, S/O. RADHAKRISHNA KURUP, AGED 46 YEARS, TELEPHONE MECHANIC (UNDER SUSPENSION), PERUMBALAM TELEPHONE EXCHANGE, ALAPPUZHA, RESIDING AT B-6, P & T QUARTERS, VELLAKINAR, ALAPPUZHA-1. BY ADV. SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.NEELIMA V.NAIR RESPONDENTS: 1. THE BHARAT SANCHAR NIGAM LTD., REPRESENTED BY ITS CHIEF GENERAL MANAGER, TELECOM, KERALA CIRCLE, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, TELECOM, BHARAT SANCHAR NIGAM LTD., ALAPPUZHA. 3. DIVISIONAL ENGINEER, KUTHIYATHODU, ALAPPUZHA. 4. JUNIOR TELECOM OFFICER, BHARAT SANCHAR NIGAM LTD., TELEPHONE EXCHANGE, PERUMBALAM, ALAPPUZHA. BY ADV. SRI.M.V.S.NAMPOOTHIRY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH WPC 8930/08 ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.5725 of 2008 ------------------------- Dated this the 8th day of April, 2008. JUDGMENT Though several contentions have been urged in this writ petition, on account of subsequent events, learned counsel for the petitioner Mr.Hariraj submits that he confines his prayers: one is regarding consideration of a statutory appeal against the order of punishment of compulsory retirement, which was imposed on him under Ext.P15 and the other regarding reasonable time to vacate from the official quarters, which he is now in occupation along with his family. 2. I heard learned counsel for the petitioner and learned standing counsel Mr.M.V.S.Nampoothiri on behalf of the respondents. 3. Learned counsel for the petitioner also refers to a decision in K.S.R.T.C. V. Abdul Latheef {2005(3) KLT 955} to contend for the position that the mere conviction for an offence under Section 138 of the Negotiable Instruments Act, as such, cannot lead to W.P.(C).NO.5725/08 :: 2 :: removal of a person from service because an offence under the Negotiable Instruments Act does not involve moral turpitude. This is a matter to be considered by the appellate authority. 4. Learned standing counsel for the respondents submits that the aforementioned decision may not really apply to the facts of this case. 5. In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P27 in accordance with law, inter alia taking note of the decision in K.S.R.T.C. V. Abdul Latheef {2005 (3) KLT 955} within a period of two months from the date of receipt of a copy of this judgment. The appellate authority shall also take note of the orders of acquittal of the petitioner consequent upon compounding under Section 320(2) of the Code of Criminal Procedure. 6. The petitioner shall be allowed to remain in occupation of the quarters in question till 30.4.2008. I record the undertaking that he will vacate the same by 30.4.2008. W.P.(C).NO.5725/08 :: 3 :: The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge