IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 30340 of 2010(N) --------------------------------------- PETITIONER: ------------------- M.NADESAN,VISAKH, ALAMPOTTA, PERUMPAZHUTHOOR P.O,NEYYATTINKARA, THIRUVANNATHAPURAM DISTRICT,(ASSISTANT TRANSPORT OFFICER,KSRTC, CHATHANOOR UNIT, RETIRED ON 30/11/2007). BY ADV. SRI.V.V.SURESH. RESPONDENTS: ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECATOR,KSRTC, TRANSPORT BHAVAN,THIRUVANNATHAPURAM – 23. 2. EXECUTIVE DIRECTOR (VIGILANCE), KSRTC,TRASPORT BHAVAN,THIRUVANNATHAPURAM – 23. R1 & R2 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30340/2010-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT DTD. 30/03/2004 OF SRI. K. SADASIVAN SENT TO THE K.S.R.T.C. EXT.P.2: COPY OF THE ORDER NO. 006904/2004 DTD. 17/07/2004 ISSUED BY THE K.S.R.T.C. EXT.P.3: COPY OF THE ORDER NO. APL-15771/05 DTD. 18/03/2006 OF THE APPELLATE AUTHORITY. EXT.P.4: COPY OF THE JUDGMENT DTD. 28/06/2006 IN CRL.APPEAL NO.159/2004. EXT.P.5: COPY OF THE PETITION DTD. 03/08/2006 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.6: COPY OF THE ORDER NO. D. DIS-15771/05/APL DTD. 31/10/2006 ISSUED BY THE APPELLATE AUTHORITY. EXT.P.7: COPY OF THE ORDER NO. 000858/GL2/2006/RTC DTD. 13/12/2006 ISSUED BY THE R.1. EXT.P.8: COPY OF THE JUDGMENT DTD. 16/12/2004 IN O.P. NO. 10336/2002 OF THIS HONOURABLE COURT. EXT.P.9: COPY OF THE REPRESENTATION DTD. 26/08/2010 OF THE PETITIONER SENT TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30340 OF 2010 -------------------------- Dated this the 10th day of December, 2010 J U D G M E N T The petitioner was an employee of the Kerala State Road Transport Corporation (hereinafter referred to as ‘the KSRTC’ for short). He retired from service on 30.11.2007 while he was working as Assistant Transport Officer. He was initially removed from service on 6.4.2004 by Ext.P2 order dated 17.7.2004 following his conviction in a criminal case CC No.216 of 1998 on the file of the Court of the Judicial First Class Magistrate, Neyyattinkara for the offence punishable under section 138 of the Negotiable Instruments Act, 1881. Aggrieved by the judgment of conviction and sentence passed by the trial court in CC No.216 of 1998, the petitioner filed Crl. Appeal No.159 of 2004 in the Court of Session, Thiruvananthapuram. He also challenged Ext.P2 order removing him from service in appeal before the Chairman and Managing Director of the KSRTC. By Ext.P3 order passed on 18.3.2006, the Chairman and Managing Director ordered reinstatement of the petitioner in service subject to the outcome of Crl.Appeal 159 of 2004, then pending in the Court of Session, Thiruvananthapuram. WPC No.30340/2010 2 The petitioner was accordingly reinstated in service on 3.4.2006. Shortly thereafter, by Ext.P4 judgment delivered on 28.6.2006, the Court of Session, Thiruvananthapuram acquitted the petitioner following an out of court settlement with the complainant. The petitioner thereupon moved the Chairman and Managing Director of the KSRTC by submitting Ext.P5 representation wherein he requested for payment of salary and allowances during the period from 6.4.2004 to 3.4.2006. By Ext.P6 order passed on 31.10.2006, the Chairman and Managing Director directed that the period during which the petitioner was kept under suspension be treated as eligible leave. Aggrieved thereby, the petitioner filed Ext.P9 representation before the Managing Director of the KSRTC requesting that salary and the allowances be paid during the said period. This writ petition was thereafter filed on 1.10.2010 for a declaration that the petitioner is entitled to all service benefits during the period when he was kept out of service. 2. The petitioner contends relying on rule 18(b) of the Kerala Civil Services (Classification Control & Appeal) Rules, 1960 (hereinafter referred to as 'the rules' for short) that as the judgment of conviction and sentence was set aside and he was acquitted of the WPC No.30340/2010 3 charges he was entitled to reinstatement in service with all benefits which he would have been entitled to had he been in service. I heard Sri. V.V.Suresh, learned counsel for the petitioner and Sri. V.V.Nandagopal Nambiar, learned standing counsel appearing for the KSRTC. I have also gone through the pleadings and the materials on record. Ext.P2 order passed by the Executive Director and Secretary of the KSRTC discloses that the petitioner was removed from service on the short ground that he was convicted and sentenced by the criminal court for the offence punishable under section 138 of the Negotiable Instruments Act. Before he was removed from service, no enquiry into the charges was held. It was solely for the reason that he was convicted and sentenced in a criminal case, that he was removed from service. I have by judgment delivered on 12.1.2009 in W.P.(C) NO.26754 of 2006 considered the scope of rule 18 of the Kerala Civil Services (Classification, Control and Appeals) Rules 1960 held that in cases where judgment of conviction is set aside in appeal and the Government servant is reinstated in service, he will be entitled to all consequential benefits as if he had continued in service. In the light of the provisions contained in rule 18(b) of the rules, it has to be WPC No.30340/2010 4 necessarily held that the petitioner is entitled to salary and allowances for the period from 6.4.2004 to 2.4.2006 by treating him as in service. In the result, I allow the writ petition and declare that the petitioner is entitled to all service benefits during the period from 6.4.2004 to 2.4.2006 in terms of rule 18(b) of the rules. The respondents shall take steps to draw and disburse salary and allowances at the applicable rates to the petitioner during the said period expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the Managing Director of the KSRTC. P.N.RAVINDRAN, (JUDGE) vps WPC No.30340/2010 5 WPC No.30340/2010 6