RAMACHANDRAN V Vs. S ABDUL RAHIM; GOVERNMENT OF KERALA; DIRECTOR GENERAL OF POLICE; SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) In so far as WP(C) No.9285/09 is concerned, the petitioners were working as Assistant Sub Inspectors in the Police.

(2.) While working as Police Constables, they were accused in CC No.568/98 on the file of Judicial First Magistrate Court-II, Neyyatinkara. On conclusion of the trial, Trial Court convicted the petitioners to undergo rigorous imprisonment for six months and to pay fine with default sentence. Appeal is filed as Criminal Appeal No.555/08 before the Additional Sessions Judge-II, Thiruvananthapuram where it is pending, and the sentence imposed by the Trial Court was suspended. Based on the conviction and sentence imposed by the Trial Court, by Ext.P1 order dated 16/3/09, invoking the proviso to Rule 18 of the Kerala Civil Services (Classification Control and Appeal) Rules, the petitioners were removed from service. Subsequently, in Criminal MP No.881/2009 in Criminal Appeal No.555/2008, the Additional Sessions Judge-II, Thiruvananthapuram, passed Ext.P3 order, the operative portion of which reads as under:

(3.) In so far as the petitioner in WP(C) No.9795/09 is concerned, while working as Officer in charge of Malsya Bhavan of the Fisheries Department, she was implicated as accused in CC No.66/04 before the Enquiry Officer and Special Judge, Thiruvananthapuram. After completing the trial, by judgment dated 9/2/2009, the petitioner was convicted and sentenced for rigorous imprisonment for a period of two years along with fine with default sentence, a copy of the judgment is Ext.P1. Against Ext.P1, petitioner filed Criminal Appeal No.477/09. In the Criminal Appeal, this Court passed Ext.P2 order dated 6th of March, 2009, the operative portion of which reads as under: