IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 27317 of 2008(B) ------------------------------------------ PETITIONER(S): ------------------------ V.M. SURESH BABU, S/O.P. DAMODARAN MENON, NANGELI HOUSE, KURUCHIKKARA.P.O, PENGANAMKAD, THRISSUR DISTRICT. BY ADV. SMT.T.V.SREEJA RESPONDENT(S): ---------------------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHI NAGAR, KOCHI-20. 2. CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES COPRORATION, MAVELI BHAVAN, GANDHI NAGAR, KOCHI-20. 3. REGIONAL MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, PALAKKAD. ADV. SRI.LAKSHMI NARAYANAN, SC, SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ===================== W.P(C).No.27317 of 2008 ===================== Dated this the 3rd day of October, 2008. JUDGMENT The petitioner, an employee of the Kerala State Civil Supplies Corporation was removed from service by Ext.P7 order dated 27.7.2007 following his conviction in a criminal case. Challenging the order removing him from service, the petitioner filed Ext.P13 appeal. By Ext.P14 proceedings dated 14.8.2008, the said appeal was rejected on the short ground that unless the judgment of conviction is set aside by a superior court, the petitioner cannot claim reinstatement in service. Reliance is placed on Rule 68(ii) of the Kerala State Civil Supplies Corporation Servicd Rules, 1974. 2. I have heard Smt.Sreeja T.V., the learned counsel appearing for the petitioner and Sri.Lakshmi Narayanan, the learned Standing Counsel appearing for the respondents. It is not in dispute that the petitioner was convicted of a criminal charge by the Enquiry Commissioner and Special Judge, Thrissur and sentenced to undergo imprisonment for 12 years and to pay a fine of Rs.60,000/-. Following his conviction, by Ext.P7 order dated 27.12.2007 he was placed under suspension and later removed from service by Ext.P11order dated 3.4.2008. The judgment of conviction and sentence has not been set aside in appeal. Such being the situation, the petitioner cannot claim reappointment in service. The WP(C) 27317/08 -: 2 :- decision taken by the authorities in Ext.P14 cannot therefore be faulted. The petitioner can claim reappointment in service only if he is acquitted by the appellate court of the charges. The Writ Petition is in my considered opinion misconceived and without merit. It is accordingly dismissed in-limine. P.N.Ravindran, Judge. ess 7/10