IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WA.No. 2842 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4184/2006 Dated 16/03/2006 .................... APPELLANT/PETITIONER: ------------------------- K.LAZAR, DRIVER (RETIRED), K.S.R.T.C, PALAKKAD, RESIDING AT KALARIKKAL HOUSE, BHASURAM, SHRANUR 679 121 BY ADV. SRI.K.MOHANAKANNAN SRI.V.B.RAMANUNNI RESPONDENT/ RESPONDENT: -------------------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. ADV. SRI.NANDAGOPAL NAMBIAR,SC,KSRTC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A. No.2842 OF 2007 ------------------------------ Dated this, the 13th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioner is the appellant. He was a driver working under the respondent, Kerala State Road Transport Corporation (KSRTC). The appellant along with others were charge sheeted by the CB CID, Palakkad, for the offences punishable under Sections 120B, 475, 465, 467, 468, 471 and 403 read with Section 34 of the IPC. The allegation was that he along with others printed tickets and caused to sell them to passengers, collected the fare due to the KSRTC and misappropriated the same. The appellant was convicted by the trial court. The trial court found him guilty of the offence punishable only under Section 475 of the IPC. The appellate court set aside that conviction, but, convicted him for the offences punishable under Sections 473 and 474 of the IPC. The appellant challenged the judgment of Sessions Court, W.A. No.2842/2007 - 2 - Palakkad, before this Court by filing Crl.R.P.No.7/1994. The said revision was allowed by Ext.P1 order of this Court dated 14.3.2001. 2. Immediately, after the registration of the crime in 1983, the petitioner was suspended from service in contemplation of disciplinary proceedings. He was charge sheeted for the misconduct of printing tickets of KSRTC etc. In the enquiry held against him, he was found guilty. While so, the trial court convicted the appellant. Therefore, the KSRTC dismissed him from service, based on his conviction, invoking the provisions of Rule 18 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, which were adopted by the KSRTC invoking its regulation making power under Section 45 of the Road Transport Corporation Act, 1950. 3. The appellant in 2005 moved the KSRTC for releasing the pensionary benefits due to him as his conviction was set aside by this Court by Ext.P1 order. But, the said claim was rejected by the Managing Director of the W.A. No.2842/2007 - 3 - KSRTC by Ext.P3 communication. The respondent took the stand that he was dismissed from service on 24.9.1991. So, the appeal now filed is highly belated. Further, after the acquittal, he has waited for four years for moving the KSRTC. Since the time limit fixed in the KCS (CC &A) Rules for filing appeal against punishment of removal from service is over, his petition was not maintainable. In that view of the matter, Ext.P3 was passed. For this and other reasons stated in Ext.P3, his representation was rejected. Challenging Ext.P3, the Writ Petition was filed. The learned single Judge upheld the contentions of the KSRTC and dismissed the Writ Petition. Hence, this Writ Appeal. 4. We heard the learned counsel, Sri.Raman Unni, for the appellant and Sri. Nandagopal Nambiar, Standing Counsel for the KSRTC. The learned counsel for the appellant submitted that since his removal from service is pursuant to the conviction of the criminal court, the KSRTC was bound to review that order and grant him all benefits in view of Ext.P1 order of acquittal. So, the reasons stated in Ext.P3 are totally irrelevant, it is pointed out. The learned W.A. No.2842/2007 - 4 - counsel for the KSRTC supported the judgment under appeal, pointing out the delay in moving the KSRTC even after the acquittal of the appellant as per Ext.P1 order. 5. Rule 18 of the Kerala Civil Services (CC&A) Rules, reads as follows: “18. Special Procedure in certain cases:- Notwithstanding anything contained in rules 15, 16 and 17, (i) Where a penalty is imposed on a Government servant on the ground of conduct which had led to his conviction on a criminal charge; or (ii) Where the Disciplinary Authority is satisfied for reason to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules; or (iii) where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow such procedure; the Disciplinary Authority or the Governor, as the case may be, may consider the circumstances of the case and pass such orders thereon as he deems fit: W.A. No.2842/2007 - 5 - Provided that before passing such orders under clauses (i) and (ii) the Commission shall be consulted in cases where such consultation is necessary under the rules: Provided further that where a Government servant is convicted on a criminal charge by a criminal court and sentenced to imprisonment and/or with fine, - (a) he shall be dismissed or removed from service forthwith by invoking the provisions contained in item (a) of the second proviso to clause (2) of Article 311 of the Constitution of India irrespective of the fact that an appeal is pending or that the execution of sentence is suspended in respect of the said conviction, and (b) in case the said conviction is subsequently set aside in appeal or otherwise and the Government servant is acquitted of the charges, the order of dismissal or removal ceases to have effect and revised orders shall be issued forthwith to reinstate him in service entitling him all the benefits to which he would have been entitled had he been in service. Provided also that in case where conviction is on a summary trial for petty offences and the sentence is for a fine upto Rupees Two Thousand only such conviction W.A. No.2842/2007 - 6 - shall not be treated as a conviction for the purpose of this rule and for the entry into service or retention in service as the case may be.” 6. Clause (b) of the 2nd proviso to Rule 18 clearly mandates that once the conviction is set aside in appeal or otherwise and the delinquent is acquitted of the charges, the order of dismissal or removal ceases to have effect and revised orders shall be issued forthwith to reinstate him in service and grant him all benefits which he would have got had he continued in service. 7. In view of the above legal position, the stand of the KSRTC taken in Ext.P3 is plainly untenable. In this case, the delay from the part of the appellant to represent is irrelevant. It is mandatory for the KSRTC to revise its orders and grant him benefits. By the delay, the KSRTC was not prejudiced. If anyone is prejudiced, it was only the appellant. In view of the above position, we allow this appeal, reverse the judgment of the learned Single Judge and quash Ext.P3. The respondent is directed to settle the claim of the appellant for arrears of W.A. No.2842/2007 - 7 - salary, pensionary benefits and arrears of pension etc. in the light of the mandate of Rule 18 mentioned above. Orders in this regard shall be passed by the KSRTC within three months from the date of production/receipt of a copy of this judgment. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps