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2013 Supreme(Ker) 966

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
C. V. Thomas – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:T.A. Shaji (Sr.) and C.E. Unnikrishnan, Advocates.
For the Respondent: P.C. Sasidharan (SC).

JUDGMENT :

Thottathil B. Radhakrishnan, J.

We have heard learned Senior Counsel for the petitioner quite in extenso. We have also heard learned Government Pleader and learned Standing Counsel for the Kerala Public Service Commission.

2. Petitioner, while in service, was suspended on 22.07.2005 on being arrested by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, allegedly, while receiving bribe from a person for relieving him from liability of luxury tax for a building. Later he was readmitted to duty. After that, while working as Revenue Divisional Officer, petitioner retired from service on 30.06.2006 on superannuation.

3. The criminal case registered against the petitioner was investigated. That led to a final report before the Enquiry Commissioner and Special Judge. Following trial, petitioner was found guilty, and was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.50,000/- with default sentence for three months. He filed an appeal before this Court and obtained an interlocutory order suspending the execution of the sentence on conditions. That appeal is pending.

4. Thereafter, the petitioner was served with







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