V.K.Madhusoodanan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 OP(KAT).No. 61 of 2015 (Z) --------------------------- AGAINST THE ORDER/JUDGMENT IN OA 387/2014 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER(S):

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1. V.K.MADHUSOODANAN AGED 63 YEARS (FORMELY SUB REGISTRAR , ALAPPUZHA) S/O. KARUNAKARAN SWARASUDHA, THIMPOLI PO, ARYAD PANCHAYATH ALAPPUZHA 688 008

2. K.O. FASSALUDEEN AGED 61 YEARS (RETIRED JOINT SUB REGISTRAR, ALAPPUZHA), S/O.UMMER RESIDING AT VELIMPURAYIDAM INDIRA JUNCTION ARALOOKUNNU PO, ALAPPUZHA 688 006 BY ADVS.SRI.P.VIJAYA BHANU (SR.) SMT.M.M.DEEPA SRI.AJEESH K.SASI RESPONDENT(S):

---------------------------- STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT TAXES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, KERALA 695 001 BY SR.GOVERNMENT PLEADER SRI.S.JAMAL THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(KAT).No. 61 of 2015 (Z) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE OA NO,. 387 OF 2014 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 20.2.2014 EXHIBIT P2: TRUE COPY OF THE REPLY STATEMENT DATED 25.7.2014 EXHIBIT P3: TRUE COPY OF THE ORDER DATED 4.9.2014 IN OA NO.387 OF 2014 OF STATE ADMINISTRATIVE TRIBUNAL RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

sdk+ ///True copy/// P.S. to Judge

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

================== O.P.(KAT).No. 61 of 2015 ================== Dated this the 19th day of March, 2015

J U D G M E N T

ANTONY DOMINIC, J.:

The petitioners herein are the applicants in O.A.No.387/2014 before the Kerala Administrative Tribunal. They filed the O.A. challenging the orders passed withholding their pension. The Tribunal by its order dated 4th September, 2014 rejected the application. It is challenging the said order, the Original Petition is filed.

2.

We heard the learned counsel for the petitioners and considered the submissions made.

3.

The petitioners were Sub Registrar and Joint Sub Registrar respectively in the Registration Department. While in service, a crime was registered against them by the Vigilance Police, which ultimately resulted in Ext.A-1 judgment of the Enquiry Commissioner and Special Judge, Kottayam, convicting and sentencing the petitioners for rigorous imprisonment for various periods for the offences under the Prevention of Corruption Act. They challenged the conviction and sentence in appeal before the

O.P.(KAT)61/15 - : 2 :- High Court in Criminal Appeal No.2018/2010, which is pending consideration of this Court. Though sentence has been suspended, no orders interfering with the conviction has been passed. On account of the above, the Government issued order dated 26.12.2012, withholding pension of the applicants. A review was filed. That was also rejected. It is these proceedings which were challenged before the Tribunal. Admittedly the petitioners are now under conviction for offences under the Prevention of Corruption Act. As things now stand, the Government is entitled to withhold their pension. Such a decision of the Government cannot be said to be illegal. Be that as it may, as rightly observed by the Tribunal, if the appeal now pending before this Court is decided in favour of the petitioners, it will be open to them to move the competent authority for reconsideration of the decision. Subject to the above, we confirm the order passed by the Tribunal and dismiss the Original Petition. Sd/- ANTONY DOMINIC, JUDGE Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge

O.P.(KAT)61/15 - : 3 :-