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Kerala High Court

Cherian Varghese vs The Dir.Of Municipal Admn.Tvm on 13 June, 2007

Author: Thottathil B.Radhakrishnan

Bench: Thottathil B.Radhakrishnan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 6474 of 1997(U)



1. CHERIAN VARGHESE
                      ...  Petitioner

                        Vs

1. THE DIR.OF MUNICIPAL ADMN.TVM.
                       ...       Respondent

                For Petitioner  :SRI.G.JANARDHANA KURUP

                For Respondent  :SRI.V.GIRI

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :13/06/2007

 O R D E R
              THOTTATHIL B.RADHAKRISHNAN, J.

                      -------------------------------------------

                           O.P.No.6474 OF 1997

                      -------------------------------------------

                 Dated this the 13th day of June, 2007




                                  JUDGMENT

Petitioner was serving as a Bill Collector in the Thiruvalla Municipality. While so, he was found to have made corrections in the originals of certain receipts issued by him as Bill Collector, specific details of which are stated in the impugned Ext.P9. He also did not credit the amounts collected thereby into the accounts of the Municipality. He was placed under suspension on 31.5.1989 and a report was sent to the Thiruvalla Police Station in that regard. Following that, he deposited the amount on 1.6.1989 and was charge sheeted by the police and tried by the Judicial Magistrate of First Class, Thiruvalla in C.C.No.484/91, wherein, he was acquitted giving him the benefit of doubt. On the above premise and taking a lenient and humanitarian view, he was reinstated on 1.3.1996. By the impugned Ext.P9 order, the period of suspension from 31.5.1989 to 29.2.1996 was decided to be treated as period of suspension and not to be regularised.

OP.6474/97

Page numbers Having regard to the facts noticed above, I find no jurisdictional error, illegality or infirmity in the decision of the competent authority as is contained in Ext.P9. The writ petition fails. The same is accordingly, dismissed.

Sd/-

THOTTATHIL B.RADHAKRISHNAN Judge kkb.

OP.6474/97

Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.6474 OF 1997 JUDGMENT 13TH JUNE, 2007.

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