IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WA.No. 401 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31902/2009 .................... APPELLANT(S): PETITIONER ------------------------ M.H.HAROON SAIT, RESIDING AT MAHAYIRAM PARAMBU, VATTAYAL WARD, THIRUVAMPADI P.O., ALAPPUZHA. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB, ALAPPUZHA. 3. THE CHIEF VIGILANCE OFFICER, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. SRI.ASHOK M.CHERIAN, S.C., KSEB. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.401 of 2010 ---------------------------------------------- Dated 10th March, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. He was a Cashier working under the Kerala State Electricity Board. On noticing criminal breach of trust from his side, disciplinary proceedings were initiated against him and he was placed under suspension, by Ext.P1 order dated 28.4.1988. The competent authority removed him from service, by Ext.P3 order dated 28.10.1995. On appeal, the said order was affirmed by the appellate authority, by Ext.P5 order dated 1.2.2005. The appellant filed a petition, Ext.P6 before the Chairman of the Board. That was rejected by Ext.P7. 2. For the criminal breach of trust, criminal proceedings were initiated against him, which led to his conviction by the trial court, on 19.11.1993. The conviction was affirmed by the Sessions Court, in the Criminal Appeal filed by him. He approached this Court, by filing Crl.R.P.No.741/95. That was disposed of on 9.7.2003, confirming the conviction, but reducing the sentence to one of imprisonment for 14 days and a W.A.No. 401/2010 2 fine of Rs.2,000/-. 3. A Cashier, who was found guilty of misappropriation by the department and the criminal court should no more be allowed to darken the doors of his office. In view of his conviction, which has become final, he could have been dismissed from service, with effect from 19.11.1993, invoking the power of the appointing authority, under Rule 18 of the Kerala Civil Services (Classification, Control and Appeal) Rules. But, he was removed from service, only on 28.10.1995, because, the removal was based on the disciplinary proceedings. The Writ Petition was filed by him, challenging Exts.P3, P5 and P7. The learned Single Judge dismissed the same, upholding those orders. Hence, this Writ Appeal. 4. We heard the learned counsel for the appellant. The facts stated above speak for themselves. A Cashier found guilty of misappropriation, cannot be retained in service. So, he has been rightly removed from service, by Ext.P3 order, which was affirmed by the higher authorities. Therefore, we find no W.A.No. 401/2010 3 reason to interfere with the judgment under appeal. Accordingly, the Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.401 of 2010 ---------------------------------------------- J U D G M E N T Dated 10th March, 2010.