K. BABY Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE order keeping the petitioner under suspension without permitting her to retire is challenged in this Writ Petition on account of subsequent events.

(2.) THE petitioner was initially appointed as Village Administrative Officer and she joined the service on 10 April, 1984. The Vigilance and Anti -Corruption registered a case against the petitioner in Crime No. 9 of 2005 under the provisions of Prevention of Corruption Act. It was a trap case. The petitioner was initially placed under suspension. The suspension was, subsequently, withdrawn, pursuant to the order passed by this Court dated 10 December, 2009, in W.P. (MD) No. 12065 of 2009.

(3.) THE learned Senior Counsel for the petitioner submitted that the petitioner was acquitted by the Criminal Court and as such, there is no question of keeping her under suspension and without permitting her to retire from service. The learned Senior Counsel further contended that with respect to the very same charge, the first respondent initiated disciplinary proceedings and the same culminated in passing an order of punishment of stoppage of increment for three years with cumulative effect. The said order was upheld by the appellate authority. The learned Senior Counsel contended that the petitioner is prepared to receive the retirement benefits, taking into account the punishment imposed on her.