LAWS(KER)-2021-3-21

SMT. M.K. VALSAMMA Vs. STATE OF KERALA

Decided On March 17, 2021
Smt. M.K. Valsamma Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) A teacher shall be a role model, not only for the students but also for the society. But, the appellant, who was a teacher and a headmistress, did not prove to be so. It is unfortunate that she had shown deviance from the path of honesty and integrity.

(2.) The appellant is the sole accused in the case C.C No.69/2011 on the file of the Court of the Enquiry Commissioner and Special Judge, Kottayam. She stands convicted and sentenced by that court for committing the offences punishable under Sections 13(1)(c) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act').

(3.) The gist of the prosecution is as follows: The accused was the headmistress of the Government Tribal Upper Primary School, Kombukuthy during the period from 01.06.2006 to 19.03.2008. Smt.Joice Rose Thomas (PW3) and Smt.Radhamaniamma (PW4) were teachers in that school during the year 2006. On 16.10.2006, the accused, dishonestly and fraudulently, by abusing her official position as a public servant, withdrew Rs.24,960/-each from the General Provident Fund (GPF) account of PW3 and PW4, without their knowledge and she misappropriated that money. Neither PW3 nor PW4 had made any application for sanctioning loan from the GPF.