IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 23534 of 2008(B) -------------------------- PETITIONER(S): --------------- S.DEVARAJAN, (RETIRED SENIOR ASSISTANT ELECTRICAL SECTION, KSEB, KALADY) DILU NIVAS KADAKKARAPPALLY PO., CHERTHALA BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM THIRUVANANTHAPURAM, PIN-695 004. 2. CHAIRMAN, KSEB, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004. 3. CHIEF ENGINEER(HRM), KSEB, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 TO 3 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23534/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER NO.EBVS4/6/99 DATED 29/07/2003 OF R3. P2 : COPY OF ORDER NO.LA(S)IV/13667/2003 DATED 17/11/2003 OF R2. P3 : COPY OF ORDER NO.EBVS4/6/99 DATED 02/12/2003 OF R3. P4 : COPY OF REPRESENTATION DATED 15/02/2007 SUBMITTED BY PETITIONER ADDRESSED TO THE CHAIRMAN, KSEB. P5 : COPY OF ORDER IN Crl.R.P. NO.51/2001 DATED 10/02/2009 OF THIS HONOURABLE COURT. P6 : COPY OF REPRESENTATION DATED 07/03/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.23534 of 2008 -------------------------- Dated, this the 20th day of October, 2009 ------------------------------ J U D G M E N T The petitioner was a Senior Assistant working under the respondent Board. While working in the Electrical Major Section, Cherthala, a criminal case was registered against him and others, for various offences punishable under the Indian Penal Code. On account of this, by order dated 17/09/1999, the petitioner was placed under suspension. The criminal case, namely CC No.159/93, on the file of the Judicial First Class Magistrate Court, Cherthala, ended in the conviction and sentence of the accused including the petitioner. He filed an appeal before the Sessions Court, Alappuzha and obtained an order of stay of conviction. Thereupon he was reinstated in service. However, the appeal was dismissed, and on that basis, the petitioner was also dismissed from service with effect from 27/11/2002. The order of dismissal was challenged before this Court in O.P.No.36487/2002, which was disposed of by directing reconsideration of the dismissal of the petitioner. WP(C) No.23534/2008 -2- 2. Accordingly, the matter was reconsidered and the dismissal was upheld, and he was again dismissed from service by Ext.P1 order dated 29/07/2003 with effect from 01/08/2003. In the meanwhile, the petitioner filed Crl.R.P.No.51/2001 against the judgment of the District Court dismissing his appeal. He also filed WP(C) No.26119/03 against Ext.P1 order dismissing him from service. That writ petition was disposed of directing disposal of the appeal, that he filed against Ext.P1 before the 2nd respondent. In pursuance to the judgment referred to above, by Ext.P2 order, the petitioner was again reinstated in service subject to the outcome of Crl.R.P.No.51/2001, which was pending before this Court. Accordingly, by Ext.P3, he was reinstated, and while continuing in service, on attaining the age of superannuation, he retired from the services on 30/09/2004. His terminal benefits were not released and therefore, this writ petition is filed. 3. During the pendency of this writ petition, by Ext.P5 order dated 10/02/2009, Crl.R.P.No.51/2001 was disposed of acquitting the petitioner. Now what remains is that in the light of his acquittal, his terminal benefits such as DCRG and other benefits including commutation value of pension, should be released. WP(C) No.23534/2008 -3- 4. In the counter affidavit filed by the Board, it is stated that on the disposal of Crl.R.P., necessary steps will be taken depending upon the judgment of this Court. Now that the petitioner has been acquitted by Ext.P5 order of this Court, necessarily, needful shall be done by the Board to regularise the matter. Since the petitioner has been acquitted by this Court, and as his dismissal was entirely based on his conviction, Ext.P1 order dismissing him from service has to be set aside, and I do so. Accordingly, this writ petition is disposed of directing that the benefits due to the petitioner on his acquittal by Ext.P5 order of this Court shall be quantified and released to him as expeditiously as possible, at any rate, within one month from the date of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg