B. USHAKUMARI, WIFE OF SUKUMARAN, AMEEN, KOLLAM COURT, NOW L.D.CLERK, SUB COURT, KOLLAM, ASWATHI BHAVAN, KIZHIYAM, CHEMMAKKAD.P.O., PERINAD, KOLLAM DISTRICT Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner is the 1st accused in C.C.No.1211 of 2012 of the Judicial First Class Magistrate's Court-II, Kollam, for the offences punishable under Sections 420 and 466 read with Sec. 34 IPC.

(2.) The petitioner was working as an Amin at the Musiffs Court, Kollam, who was entrusted with the delivery proceedings in the execution in O.S.No.773 of 1996, which was a partition suit. The allegation against the petitioner is that she had deliberately cheated the third defendant by delivering Item No.2 property having an extent of 1.26 cents to the plaintiff/decree holder instead of delivering it to the 3rd defendant. The 2nd respondent herein, who is the complainant, who purchased the property later from the 3rd defendant, has field a private complaint before the court below alleging the aforesaid offences against the petitioner herein and the 2nd accused.

(3.) The complainant had preferred a complaint before the learned District Judge, Kollam. The learned District Judge, Kollam initiated disciplinary actions against the petitioner and imposed a punishment of withholding of two increments with cumulative effect. An appeal was filed against the said order, to the Administrative side of this Court. The Registrar (Subordinate Judiciary) of this Court considered the matter and allowed the appeal in part by ordering the withholding of three increments without cumulative effect. In Annexure-IV order passed by the Registrar (Subordinate Judiciary), it was clearly found that it was an error committed by the petitioner due to oversight and the same was unintentional.