IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WA.No. 1258 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN RP.583/2007 Dated 04/07/2007 .................... APPELLANT/REVIEW PETITIONER/PETITIONER: ----------- MOHAN JAIDAS.S. NOW WORKING AS SENIOR MANAGER, KELTRON COMPONENT COMPLEX LTD., KELTRON NAGAR, P.O.KALLIASSERI, KANNUR – 670 562. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SMT.REKHA C.NAIR RESPONDENTS/RESPONDENTS/RESPONDENTS: ------------- 1.KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2.KELTRON COMPONENT COMPLEX LTD., REP. BY MANAGING DIRECTOR, KELTRON NAGAR, P.O.KALLIASSERI, KANNUR – 670 562 3.STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4.THE SECRETARY, INDUSTRIES DEPARTMENT, TRIVANDRUM. 5.MR.V.RAMKUMAR, NOW MANAGING DIRECTOR, KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION, TRIVANDRUM – 2. 6.MR.S.GOPALAKRISHNA PILLAI, NOW MANAGING DIRECTOR-IN-CHARGE, KELTRON COMPONENT COMPLEX LTD., KELTRON NAGAR, P.O.KALLIASSERI. W.A.1258/08 7.THE DIRECTOR OF VIGILANCE, THE VIGILANCE DEPARTMENT, GOVT. OF KERALA, TRIVANDRUM. BY T. KELU NAMBIAR (SR) FOR RESPONDENTS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1258 OF 2008 () ----------------------------------- Dated this the 14th day of July, 2008 J U D G M E N T KOSHY,J. Appellant in this case approached this Court questioning the punishment of removal from service and also proposed recovery of Rs.1,25,478/-. Writ petition filed by the petitioner was dismissed, but in the writ appeal, after hearing for some time, we felt prima facie that interference is needed in the punishment as appellant had 28 years of unblemished service, and therefore, we have passed an order on 25.6.2008 proposing reconsideration of Ext.P21 resolution in relation to proposed recovery of the amount so that matter can be settled. The learned senior counsel appearing for the respondent company informed that they have gracefully accepted the proposal with regard to reduction of punishment and by letter dated 10.7.2008, they have informed to their W.A.1258/2008 2 Advocate as follows: “Notwithstanding the above, and without prejudice to the views of the Company on the aspects stated above, the Company respects the prima facie opinion of the Hon'ble Court that the matter can be settled. Accordingly, the Company is agreeable to modifying the penalties imposed on the appellant on the lines indicated by the Hon'ble Court as a final settlement of this matter, namely: (1) The punishment of removal from service imposed on the appellant will be converted to compulsory retirement. (2) The proposed recovery of Rs.1,25,478/- from the appellant will be waived. (3) The company will issue a modified Order to the Appellant on the above and release his terminal benefits after the Hon'ble Court passes Orders in this case.” They have requested the counsel for the company to inform the matter to the Court. We accept the above suggestion. The learned counsel for the petitioner also agrees for the same. In the above circumstances, the punishment of removal from service is converted as compulsory retirement with effect from W.A.1258/2008 3 the date of communication of Ext.P15 order and proposed recovery of Rs.1,25,478/- will stand withdrawn and terminal benefits according to law shall be released to the claimants at the earliest, in any way, within two months from the date of receipt of certified copy of this judgment. This writ appeal is allowed in terms of settlement. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008