Conviction under IPC affects employment unless sentence reduced; court dismissed petition for reinstatement.

J U D G M E N T

The petitioner is stated to be the injured/PW1 in C.C No.803 of 1997 in Crime No.149 of 97 before the Judicial First Class Magistrate Court-II, Cherthala, wherein the 4^th respondent was one of the accused. Offences under Sections 143, 147, 148, 447, 323, 324 and 326 read with Section 149 of the IPC were alleged against the 4^th respondent and as per Ext.P1 judgment of the Magistrate Court dated 07.11.2002, the 4^th respondent was convicted and sentenced to undergo imprisonment and fine. Though an appeal was preferred before the Additional Sessions Judge, Fast Track-II, Alappuzha, as Crl. Appeal No.357/2002 , the same was also dismissed, confirming the conviction and sentence. The 4^th respondent then filed Crl. R.P No.221/2005 before this Court, where no stay of the conviction was granted.

2. The petitioner relies on Ext.P3 Government Order, G.O(P)

No.26/98/P&ARD dated 27.08.1998, which says that when an employee is convicted by a Criminal Court and sentenced to undergo imprisonment and/or for a payment of fine, he will be dismissed or removed from service irrespective of the fact that an appeal is pending and execution of sentence is suspended by invoking the provision contained in Clause (a) of the second proviso to Article 311(2) of the Constitution of India . The petitioner, therefore, contends that the 4^th respondent cannot be allowed to continue his employment in the KSRTC. He also challenges Ext.P7, through which a representation preferred before the authorities for the said purpose was rejected. There is also a prayer for terminating the services of the 4^th respondent, based on the conviction stated above. 3. The 4^th respondent has filed a counter affidavit, producing the judgment in Crl.RP No.221 of 20025 dated 10^th November 2020, wherein the revision was partly allowed, and the 4^th respondent was sentenced to pay a fine of Rs.500/- under Section 447 IPC alone and the conviction and sentence imposed for other offences were set aside. Though Special Leave Petition No.3122-3124/2021 was filed, the same was also rejected on

28.10.2021.

4. Taking note of the judgment in the revision and the fact that the same was not interfered with by the Supreme Court, I am not inclined to grant the prayer sought for by the petitioner at this distance of time. The conviction and sentence have been substantially modified and reduced to a fine of Rs.500/- under Section 447 IPC alone. Taking note of the gravity of the offence and the fact that the 4^th respondent is only a driver in the KSRTC and that even going by the proviso to Rule 18 of Kerala Civil Service (Classification, Control and Appeal) Rules, 1960 [KCS (CC & A Rules)], the fine imposed by the revisional court in the instant case will not affect the employment in any manner, I am not inclined to grant the reliefs sought for by the petitioner.

Accordingly, the Writ Petition is dismissed.

SD/-