IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 31655 of 2009(B) -------------------------- PETITIONER(S): --------------- PRABHAM THANKAM V RETD. DEPUTY INSPECTOR GENERAL OF REGISTRATION RESIDING AT ROHINI, YAMUNA COLONY,KUDAPPANAKUNNU P.O.THIRUVANANTHAPURAM PIN 695 043. BY ADV. SMT.P.V.ASHA SMT.SHAMEENA SALAHUDHEEN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT,TAXES DEPARTMENT , SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF REGISTRATION THIRUVANANTHAPURAM. 3. ACCONTANT GENERAL (A&E) THIRUVANANTHAPURAM. MR.P.NANDAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31655/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF E.11/12-11016/03/1(6) DATED 06/05/2003. P2 : COPY OF EXPLANATION SUBMITTED BY PETITIONER ON 28/10/2003. P3 : COPY OF NOTICE NO.4238/E1/2004/TD DATED 01/04/2008. P4 : COPY OF EXPLANATION DATED 24/06/2008 OF PETITIONER. P4A : COPY OF LETTER DATED 13/08/2008 OF GOVERNMENT. P5 : COPY OF REPRESENTATION DATED 28/08/2008 OF PETITIONER. P6 : COPY OF G.O.(RT.) NO.1043/08/TD DATED 07/11/2008. P7 : COPY OF REVIEW PETITION DATED 20/02/2009 OF PETITIONER. P8 : COPY OF LETTER NO.E9/25829/07 DATED 08/04/2009 OF R2. P9 : COPY OF G.O.(Rt.) NO.836/09/TD DATED 23/09/09. P10 : COPY OF MEMO OF CHARGES DATED 06-05-2003/04-08-2003 ISSUED TO SMT.RADHAMANI. P10A : COPY OF EXPLANATION OF SMT.RADHAMANI DATED 07/08/2003. P10B : COPY OF G.O.(Rt.) NO.639/05/TD DATED 19/10/2005. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.31655 of 2009 (B) --------------------------------- Dated, this the 9th day of December, 2009 J U D G M E N T The petitioner retired from service on 31/05/2006 as Deputy Inspector General (Registration). During the year 2002, when the petitioner was working as Joint Sub Registrar, Pattom, Thiruvananthapuram, an inspection was conducted by the Vigilance and Anti Corruption Bureau, and an amount of Rs.120/- was recovered from the petitioner, which was not declared in the Register. 2. Ext.P1 memo was issued, explanation was given by Ext.P2, where the petitioner confessed that it was an inadvertent lapse on his part. Finally, Ext.P3 show cause notice was issued, where it was proposed to reduce her pension by hundred rupees. Explanation was filed, hearing was held and Ext.P6 order dated 07/11/2008 was issued under Rule 59(b) of Part-III KSR reducing her pension by fifty rupees. 3. Review petition was filed by the petitioner, which was WP(C) No.31655/2009 -2- rejected by Ext.P9 dated 23/09/2009, inspite of a favourable recommendation by her superior by Ext.P8. It is challenging Exts.P6 & P9, this writ petition is filed. 4. The learned counsel for the petitioner rightly points out the judgment of this Court in WP(C) Nos.22288/2008 and connected cases dated 07/09/2009, where this Court has examined similar allegations in detail and finally, the cases were allowed. In view of the parity of reasoning, I am inclined to think that the petitioner in this writ petition is also entitled to similar relief. Therefore, this writ petition is disposed of quashing Exts.P6 & P9 and directing that the reduced portion of pension shall be restored to the petitioner with consequential arrears. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg