Alexander Thomas, J.

The prayer in this Crl.M.C. is for an order to quash the impugned Anx.A-3 judgment dated 6.12.2013 in C.C.No.1008/ 2013, whereby the plea of the petitioner accused admitting his guilt for the crime in question and finding him accordingly guilty as also the resultant order of conviction thereunder and the impugned sentence to pay fine and imprisonment till rising of the court, etc. The petitioner was accused in the impugned Anx.A-2 Crime No.228/2012 of Kodumon Police Station, Pathanamthitta district for offence under Sec.118(a) of the Kerala Police Act. This resulted in the institution of Calendar Case, C.C.No.1008/2013 on the file of the Judicial First Class Magistrate's Court, Adoor in respect of the aforestated crime and when the said case was taken up for consideration before the court below on 6.12.2013, the court below has recorded that the petitioner volunteered to come up with the plea that he is guilty and accordingly the court below accepted the said plea and found him guilty and convicted him thereunder for the offence under Sec.118(a) of the Kerala Police Act. Consequently, the court below as per Anx.A-3 judgment rendered on 16.12.2013 has ordered that the petitioner accused is sentenced to pay a fine of Rs.3,000/- for the offence under Sec.118(a) of the Kerala Police Act and in default thereof, he had to undergone simple imprisonment for one month and imprisonment till raising of the court.

2. The petitioner is a regular employee of the 4th respondent Kerala Water Authority, as Draftsman Grade I. It is the case of the petitioner that when the petitioner was about to be considered for promotion to the next higher post, some disgruntled elements, who were jealous of his career advancement, had raked up the issue of Anx.A-3 conviction and thereby it resulted in Anx.A- 4 memo of charges, issued against him by the respondent Kerala Water Authority, it is stated. As per Anx.A-4 memo of charges issued on 16.3.2015, the 3rd respondent Deputy Chief Engineer of the Kerala Water Authority has directed the petitioner to show cause to the subject matter of the allegations, which were raised in the impugned criminal proceedings related to his alleged drunken behavior and his resultant conviction in terms of Anx.A-3 judgment for the offence under Sec.118(a) of the Kerala Police Act. The petitioner has been accordingly directed to show cause as to why disciplinary action shall not be imposed on him in terms of the provisions contained in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 [KCS(CC&A) Rules].

3. It is pointed out that the petitioner has reliably learnt that apart from the show cause notice, the respondent Water Authority is not contemplating any detailed enquiry to prove the guilt or otherwise of the petitioner, but is seeking to invoke the extraordinary power conferred under Sec.18 of the Kerala Civil Services (Classification, Control and Appeal) Rules, in order to terminate the service of the petitioner consequent on his conviction in terms of Anx.A-3 judgment.

4. It is the case of the petitioner that the petitioner was wrongly advised to plead guilty and that as per the provisions contained in Sec.118(a) of the Kerala Police Act, any person, who is found in a public place, in a intoxicated manner or rioting condition or incapable of looking after himself, shall on conviction be punishable with imprisonment for a term, which may extend to three years or with fine not exceeding ten thousand rupees or with both. Accordingly, it is contended by Sri. Johnson Manayani, learned counsel that since the punishment for the offence under Sec.118(a) of the Kerala Police Act, is for imprisonment which may extend to three years, the procedure for warrant trial is mandatory, if the imprisonment in that regard would extend beyond two years.

5. The learned counsel for the petitioner on this aspect of the matter would place serious reliance on the provisions contained in Sec.2(w) and 2(x)