IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 OP.No. 10215 of 2000(N) ------------------------------ PETITIONER(S): ------------------- K.P. JOSEPH, KOTTALA HOUSE, EDANAD, CHOVVARA P.O., ALUVA, (FORMER DY.TAHSILDAR, OFFICE OF THE SPL. TAHSILDAR (LA)RAJAKUMARI IDUKKI DISTRICT) BY ADVS. SRI.P.SANKARANKUTTY NAIR SRI.T.V.AJAYAKUMAR RESPONDENT(S): -------------------- 1. STATE OF KERALA - REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. M.H. HANIL KUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P. NO. 10215/2000 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER IN CRL.MP.4959/99 IN CRL.A.882/99 DATED 09/12/1999 OF THIS HONOURABLE COURT. P2: COPY OF THE ORDER NO.SSI-37482/88 DATED 02/01/2000. P3: COPY OF THE ORDER NO.LR.D4.27226/94. P4: COPY OF THE JUDGMENT IN O.P.4097/91 DATED 27/05/1998 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P.No.10215 of 2000 - - - - - - - - - - - - - - - - Dated this the 20th day of September, 2011. JUDGMENT Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The petitioner who is the 2nd accused in C.C. No. 12 of 1988 on the file of the Enquiry Commissioner and Special Judge, Thrissur, was found guilty and convicted for the commission of offences punishable under Section 13(1)(c) r/w Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 120B, 409, 471 and 477A r/w Section 34 IPC. They were convicted and sentenced to undergo rigorous imprisonment for four years each and to pay a fine of Rs.25,000/- each and on default to pay the fine, to undergo simple imprisonment for 1 ½ years under Section 13(1)(c) r/w Section 13(2) of the Act. They were also sentenced to undergo rigorous imprisonment for one year each under Section 120B, rigorous imprisonment for four years each under Section 409 IPC, rigorous imprisonment for two years each under Section 471 IPC and rigorous imprisonment for three years each and to pay a fine of Rs.20,000/- each and on O.P. No. 10215/2000 -:2:- default to pay the fine, to undergo simple imprisonment for 1 ½ years each under Section 477A IPC. The said order of conviction and sentence has been challenged in Crl. Appeal No.882 of 1999 and the said appeal was allowed by the judgment dated 14.03.2008 by this Court. The petitioner has filed the present original Petition challenging Ext.P3 order of dismissal passed in pursuance of the said order of conviction. The learned counsel for the petitioner relying on Rule 18(b) of Kerala Civil Services (Classification, Control and Appeal) Rules submits that once the judgement and order of conviction is passed, the petitioner is entitled to all consequential benefits and order of reinstatement . Proviso to clause (b) of Rule 18 of the Civil Services in Kerala reads as follows: “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 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.” 3. In that view of the matter, this Original Petition is allowed and the petitioner is entitled to all consequential benefits and an order of reinstatement. The petitioner is now getting some pension after the judgment and order of acquittal O.P. No. 10215/2000 -:3:- passed by this Court. The petitioner may claim his consequential benefits in a representation before the 1st respondent State and the first respondent is directed to remit the same within six months from the date of making such a representation. sd/- B.P. RAY, JUDGE. rv O.P. No. 10215/2000 -:4:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 10215 of 2000 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT