IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 7535 of 2001(V)
1. P.N.SAMBASIVAN
... Petitioner
Vs
1. THE GENERAL MANAGER
... Respondent
For Petitioner :SRI.T.RAVIKUMAR
For Respondent :SRI.M.PATHROSE MATHAI
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :15/06/2007
O R D E R
K.BALAKRISHNAN NAIR, J.
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O.P. No. 7535 of 2001-V
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Dated this the 15th day of June, 2007.
J U D G M E N T
The petitioner was an Officer of the State Bank of India. He
was convicted under the provisions of the Prevention of Corruption Act
and Indian Penal Code. Based on his conviction, he was discharged
from service, by Ext.P3 order dated 27-1-2001. The petitioner
submits, he has preferred Criminal Appeal No.31 of 2001 against the
conviction and sentence. The appeal is pending and there is a stay
against the conviction. So, he claims re-instatement in service. This
Court did not pass any interim order and therefore, he is still in
discharge, it is submitted. I think it is not proper to order
reinstatement of an employee convicted under the provisions of the
Prevention of Corruption Act, pending appeal, on the ground that this
Court has chosen to grant stay. It is submitted by the respondents
that the petitioner obtained stay suppressing that he has already been
discharged from service.
2. As far as the conviction is not set aside, it is only appropriate
that the petitioner is kept outside. In case this Court reverse the
judgment of the trial Court and set aside the conviction, he will be free
OP No.7535 of 2001
2
to move the bank, for reviewing Ext.P3 order, which is passed based
on the judgment of the trial Court.
Subject to that right, the Original Petition is dismissed.
K.BALAKRISHNAN NAIR,
JUDGE.
MS
OP No.7535 of 2001
3
K.BALAKRISHNAN NAIR, J.
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O.P.NO.7535 OF 2001-V
JUDGMENT
DATED 15-6-2007
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