G PARAMESWARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in C.C. 13 of 1987 of the Court of Enquiry Commissioner and Special Judge, Trivandrum. Accused challenges the conviction and sentence entered against him by the Special Judge.

(2.) The Special Judge held that in respect of transactions 5 to 11 there is absolutely no acceptable evidence. With regard to items 1 to 4 the Special Judge held that the prosecution has succeeded in establishing its case against the accused.

(3.) Appellant raised three contentions before this Court. His first contention is that Special Judge had no jurisdiction to try the case as when the Court framed charge on 18-1-1984 the accused was not a Government servant as he had already retired from service. Accused retired from service on 30-4-1983. The Court framed charge on 18-1-1984. The prosecution case is that the accused misappropriated Rupees 9,781.60 during 21-3-1978 to 23-3-1978. Admittedly during that period accused was a Government servant and as the offences were committed by him as a Government servant there is no merit in the contention that the Special Judge had no jurisdiction to try the case. If the argument of the appellant's counsel is accepted, it will lead to ridiculous result. It may be then open to a Government servant to misappropriate any amount on a day prior to his retirement and take up the stand that no action can be taken against him under the Prevention of Corruption Act. Merely because the charge was framed only after his retirement the accused cannot contend that the Special Judge had no jurisdiction to try him. As investigation preceded the framing of the charge and as the accused happened to retire at a time prior to the charge it is not possible to hold that the Court lacked jurisdiction to try him under the Act.