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2014 Supreme(Ker) 639

ASHOK BHUSHAN, A.M.SHAFFIQUE, A.K.JAYASANKARAN NAMBIAR
State of Kerala, Represented by the Principal Secretary to Government, Agricultural Department, Secretariat – Appellant
Versus
N. G. Joseph, Agricultural Assistant, Kadamakudy, Ernakulam District – Respondent


Advocates Appeared:
For the Petitioner: P.I. Davis, Sr. Government Pleader.
For the Respondent:S.P. Aravindakshan Pillay, N. Santha, Peter Jose Christo, S.A. Anand, Advocates.

Judgment :

Jayasankaran Nambiar, J.

1. This writ appeal is filed by the State, aggrieved by the judgment of the learned Single Judge in W.P.(C).No.22648/2009, whereby an employee of the Agricultural Department of the State was held entitled to treat his suspension period, prior to dismissal from service, as service consequent to the setting aside of the order of dismissal and his reinstatement in service and entitled to all consequential service benefits for the said period. The Division Bench that heard the appeal was of the view that, insofar as the dismissal of the employee was in terms of Rule 18(iii)(a) of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960, hereinafter referred to as the "KCS (CC&A) Rules" and based on a conviction and sentence imposed on him by the Court of Enquiry Commissioner and Special Judge, Thrissur for offences under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, hereinafter referred to as the "PC Act", on the said conviction being set aside by the appellate court, he would have to be reinstated in service with all consequential benefits as contemplated under Rule 18(iii)(b) of the KCS (CC&A) Rules. While ta




























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