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2015 Supreme(Ker) 51

ASHOK BHUSHAN, A.M.SHAFFIQUE
State of Kerala, represented by The Secretary To Government, Fisheries Department Secretariat, Thiruvananthapuram – Appellant
Versus
S. Anitha, Fisheries Sub Inspector (Now Under Orders of Dismissal) Incharge of Malsya Bhavan, Thiruvananthapuram – Respondent


Advocate Appeared:
For the Appellants: Government Pleader.
For the Respondent:P.J. Elvin Peter, T.G. Sunil (Pranavam), K.R. Ganesh, Advocates.

Judgment

Ashok Bhushan, J.

1. This Writ Appeal has been filed against the judgment dated 19.11.2009 in W.P(C).No.9795 of 2009 by which judgment, the Writ Petition filed by the petitioner/respondent has been allowed. Brief facts of the case giving rise to the Writ Appeal are:

The writ petitioner, Smt. S. Anitha, was working as Officer-in-charge of Malaya Bhavan of the Fisheries Department during the period from 4.6.1997 to 16.2.1998 and was entrusted with dominion over the financial transactions of the Government property of that office. She was arrayed as accused in C.C.No.66/2004 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The petitioner was convicted by judgment dated 9.2.2009 with rigorous imprisonment for a period of two years and to pay a fine of Rs.35,000/- with a default clause of rigorous imprisonment for six months for the offence under Section 13(2) read with 13(1)(c) of the Prevention of Corruption Act, 1988 and rigorous imprisonment for a period of two years and to pay a fine of Rs.35,000/- with a default clause of imprisonment for six months for the offence under Section 409 of Indian Penal Code. The Director of Fisheries issued an order


































































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