THULASEEDHARAN THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner while working as Lower Division Clerk in Vanimel Grama Panchayat was suspended from service. The charge in Ext. P-1 was essentially regarding unauthorised absence from duty. The Petitioner was suspended from service for facilitating departmental enquiry. Ext. P-2 contains the memo of charges with the statement of allegations served on the Petitioner as part of the departmental enquiry. It is admitted by the Petitioner that the enquiry, as such, has not been completed.

(2.) In the meanwhile, the Petitioner was removed from service, pursuant to his conviction in a criminal case for the offences under Sections 363, 365, 366A and 376(2)(g) of the Indian Penal Code in Sessions Case No. 187/99 on the file of Sessions Court, Kottayam. The Sessions Court had convicted and sentenced him to undergo rigorous imprisonment for 11 years along with payment of fine. The Petitioner appealed against the conviction and sentence in Crl. Appeal No. 610/2000. A Division Bench of this Court by judgment dated 20-1-2005 2005 2 KerLT 269 allowed the Petitioner's appeal, set aside the conviction and sentence and acquitted him of all the charges. The Petitioner brought to the notice of the appointing authority, the fact relating to his acquittal and sought for reinstatement in service vide Ext. P-6. This was declined under Ext. P-7 on the premise that the acquittal has been challenged by the State Prosecutor as also by the de facto complainant in Crl. Appeal Nos. 1547/2005 and 1575/2005 before the Supreme Court. Apparently, leave has been granted by the Hon'ble Supreme Court and the appeals are pending disposal.

(3.) The Petitioner contends that his removal from service is under the provisions of Rule 18(a) of the Kerala Civil Services (Classification, Control and Appeal) Rules 1960, and therefore, when the conviction is set aside in appeal and the Government servant is acquitted of the charges, the order of dismissal or removal ceases to have effect and revised orders shall be issued forthwith to reinstate the Government servant in service entitling him to all the benefits to which he would have been entitled to, had he been in service.