RAMACHANDRAN PILLAI Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The facts are not in dispute. The petitioner, who was a Junior Engineer in the Electrical section, Narakkal under the Kerala State Electricity Board (for short KSEB) was placed under suspension as per order No. AV. 28721/66 dt. 6-1-1967 in connection with crime No. 7/66 under S.5(1)(a) and (d) read with S.5(2) of the Prevention of Corruption Act and under S.161 of the IPC., registered by the X-branch Vigilance division, Ernakulam against him. Subsequently the petitioner was convicted in C. C. 11/67 on the file of the Special Judge, Trivandrum. He was, therefore, dismissed from the Board's service with effect from 15-5-1970. In the appeal preferred by him before the High Court, the conviction was set aside on the ground that there was no sanction for bis prosecution and he was reinstated in service as per order No. Law 111-6809/70 dt. 19-9-1970. Though he was thus reinstated he continued to be under suspension.

(2.) Prosecution proceedings were thereafter started afresh rectifying the mistake in regard to the non obtaining of sanction pointed out by the High Court in its judgment in Criminal Appeal 119/70. Subsequently, his suspension was revoked and he was reinstated in service without prejudice to the prosecution proceedings pending finalisation. In C.C. 16/72 on the file of the Special Judge, Trichur, the petitioner was acquitted holding that the prosecution did not prove the case beyond doubt. It was also held in that judgment that the prosecution has failed to prove beyond reasonable doubt that the accused has accepted Rs.25/- as illegal gratification. In appeal it was held by this court that the Special Judge was right in holding that the prosecution did not prove its case beyond doubt.

(3.) Ext. P1 is the notice issued to the petitioner to show cause why the periods spent by him under suspension should not be treated as eligible leave. Ext. P2 dated 8-8-1977 is the reply sent by the petitioner to Ext. P1. Ext. P3 is the copy of the order No. Vig. II 1227/75 dt. 16-5-1978 passed by the Chairman, KSEB respondent. It is aggrieved by the decision of the Chairman that this O. P. has been filed.