IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 36858 of 2004(K) -------------------------- PETITIONER(S): ------------------ SEBASTIAN K.D., INISPECTOR, CO-OPERATIVE SOCIETIES, RESIDING AT KOTTARATHIL HOUSE, CHEMPERI P.O., PIN--670 632, KANNUR DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.MOHAMMED NISHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36858/04 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER IN CRL.M.P. NO.470 OF 2004 IN CRL.A.NO.129 OF 2003 DT 9.3.2004 ON THE FILE OF the SESSION'S COURT, THALASSERY. EXT.P2: TRUE COPY OF THE ORDER NO.V(2) 47730/03 DATED 17.2.2004 BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 36858 OF 2004 (K) ===================== Dated this the 26th day of June, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P2, a show cause notice issued proposing to dismiss the petitioner from service, as he had suffered conviction in CC No.261/97 on the file of the First Class Judicial Magistrate, Thaliparamba. 2. Counsel for the petitioner now submits that the Sessions Court, Thalasserry acquitted the petitioner in the judgment in Crl.Appeal No.129/03 filed by the petitioner against the judgment of the Judicial Magistrate in CC No.261/97. 3. If as stated by the petitioner he has been honorably acquitted, he is entitled to have Ext.P2 recalled and I give liberty to the petitioner to move the 2nd respondent for that purpose. With the above observation, the writ petition is closed. ANTONY DOMINIC, JUDGE Rp