SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT Vs. K. CHANDRAN

JUDGEMENT

(1.) On the conviction in a criminal case for violation of integrity norms in performance of official duties and an appeal pending before the High Court, is the employee still entitled to the release of his Death-cumRetirement Gratuity (for short 'DCRG ') is the moot point arising for consideration in the present appeals. We are, in fact, examining a Full Bench judgment of the Kerala High Court which resolved the conflict of view of the Division Benches and ruled in favour of the employees. The controversy having been set down, the Government of Kerala, which is naturally aggrieved by the decision of the Full Bench is before us on the aforesaid issue.

(2.) In the main appeal before us, the question of law is the same but the facts differ in the two cases of the two employees.

(3.) (A) K. Chandran, the respondent in the appeal was working as Village Extension Officer, Noolaphuza. In the course of his employment the Vigilance Department registered a crime under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1998 (hereinafter referred to as the 'PC Act ') alleging that he had received Rs.500.00 as bribe from one K.K. Mohanan. Mr. Chandran was suspended from service on 27/10/2006 and was reinstated in service on 1/3/2008. He retired from service on 31/3/2011 on superannuation while working as the General Extension Officer in Wayanad.