IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WA.No.12 OF 2021
AGAINST THE JUDGMENT IN WP(C) 1097/2020(J) OF HIGH COURT OF KERALA
DATED 05.08.2020
APPELLANTS/RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY THE MANAGING DIRECTOR,
KSRTC, TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM-695023.
2 THE CHAIRMAN AND MANAGING DIRECTOR,
KSRTC, TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM-695023.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
FORT, THIRUVANANTHAPURAM, PIN-695023.
4 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAPURA
DEPOT PATHANAPURAM P.O.,
PIN-689696, KOLLAM DISTRICT.
BY ADV. SRI.T.P.SAJAN
RESPONDENT/PETITIONER:
SURESH KUMAR K.
CHERUVIAL VEEDU, MANJAKKALA P.O.,
PIN-691508, KUNNIKODE, KOLLAM DISTRICT,
(EX.DRIVER, PATHANAPURAM DEPOT OF KSRTC).
SRI.N.SASIDHARAN UNNITHAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.12 OF 2021
2
ALEXANDER THOMAS & T.R. RAVI, JJ.
===========================
W. A. No. 12 of 2021
in
W.P.(C). No. 1097 of 2020
===========================
Dated this the 5th day of January, 2021
JUDGMENT
ALEXANDER THOMAS , J.
The above writ appeal has been filed by the respondents in WP(C) No.1097/2020 as an intra-court appeal under Section 5 of the High Court Act, seeking to impugn the judgment dated 05.08.2020 rendered by a learned Single Judge of this Court in WP(C) No.1097/2020 filed by the 1 st respondent herein.
2. Heard Sri.T.P.Sajan, learned standing counsel for the Kerala State Road Transport Corporation (KSRTC) appearing for the petitioners herein and Sri.N.Sasidharan Unnithan, learned counsel appearing for the respondent herein/writ petitioner.
3. We are now apprised that the Division Bench of this Court has rendered judgment dated 18.12.2020 dismissing Writ Appeal No.1721/2020 arising out of WP(C) No.35774/2019, in a similar case, but WA.No.12 OF 2021 3 with liberty to the employer concerned-KSRTC to take action in terms of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The said judgment rendered by the Division Bench of this Court on 18.12.2020 in W.A.No. 1721/2020 [arising out of WP(C) No.35774/2019] reads as follows:
"The only challenge in this appeal is that the appellant Corporation's right to take appropriate action against the delinquent Officer has not been reserved. According to the learned counsel for the appellant, the order of termination, though was passed without complying with the procedure prescribed, the delinquent Officer was unauthorisedly absent for a considerably long period and therefore the Corporation has the right to take appropriate disciplinary action, which has not been reserved by the learned Single Judge.
2. We have heard the learned counsel for the respondent also.
3. In a case where employer feels that the employee concerned had been unauthorisedly absent, even though the order of termination is found to be bad, if the employer decides to take action de novo, nothing prevents the employer from taking appropriate action in accordance with the procedure prescribed. We, therefore, reserve the said right to the Corporation. We therefore modify the judgment of the learned Single Judge to the extent mentioned above and the writ appeal is disposed of accordingly. "
4. After hearing both sides, after perusing pleadings and records in this appeal and after perusing through the abovesaid judgment of the Division Bench of this Court in W.A.No.1721/2020, it is ordered that the present Writ Appeal will also be regulated by the directions and orders made by the Division Bench of this Court in the judgment in W.A.No.1721/2020. In other words, the judgment of the learned Single Judge is not liable for interdiction, except the modification that the employer-KSRTC will be at liberty to take action against the writ petitioner WA.No.12 OF 2021 4 in accordance with the provisions contained in Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.
With these observations and directions, the above Writ Appeal will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
T.R.RAVI, JUDGE Pn