IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 18685 OF 2022
PETITIONER:
P. A. SHAJAHAN
S/O. AKBER, MELETHUNDIYIL HOUSE, CHITTAR P. O.,
PATHANAMTHITTA. DRIVER GRADE-II, K.S.R.T.C. DEPOT,
PATHANAMTHITTA (NOW UNDER SUSPENSION).
BY ADVS.
C.S.MANILAL
S.NIDHEESH
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN,
EAST FORT, THIRUVANANTHAPURAM- 695023.
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, EAST FORT, TRIVANDRUM - 695 023.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION AND VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, EAST FORT, TRIVANDRUM- 695 023.
4 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA
DEPOT, PATHANAMTHITTA-689645.
SRI DEEPU THANKAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18685 OF 2022
2
JUDGMENT
The petitioner has been, admittedly, proceeded against disciplinarily by the Kerala State Road Transport Corporation (KSRTC), where he is working as a Driver Grade-II. He also concedes that he has been placed under suspension and that the afore proceedings are still continuing.
2. Sri.C.S.Manilal - learned counsel appearing for the petitioner, after arguing this matter in some detail, confined his plea that Ext.P5 Appeal preferred by his client against the order of suspension be directed to be taken up and disposed of by the competent Authority of the KSRTC, within a short time frame; and further, that the disciplinary action itself be directed to be completed within a time frame to be fixed by this Court.
3. Smt.Lakshmi Sreedhar - learned counsel WP(C) NO. 18685 OF 2022 3 appearing on behalf of the learned Standing Counsel for the KSRTC, submitted that if the petitioner only requires Ext.P5 appeal to be disposed of without delay, she will not stand in the way of appropriate orders being issued; adding that as regards the disciplinary action, it can be completed, subject to the petitioner's co-operation, within a period of two months.
4. Taking note of the afore submissions, I issue the following directions:
a) The competent Authority of the KSRTC will take up Ext.P5 Appeal of the petitioner and dispose of same, after hearing him, within a period of two weeks from the date of receipt of a copy of this judgment. For this purpose, I direct the petitioner to mark appearance before the said Authority at 11 a.m. on 15.06.2022.
b) The 2nd respondent - Managing Director WP(C) NO. 18685 OF 2022 4 will ensure that the disciplinary action against the petitioner is completed, after following due procedure, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
c) I clarify that direction (b) above will be subject to the co-operation of the petitioner, who will not seek any avoidable or unnecessary adjournments.
This writ petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 18685 OF 2022 5 APPENDIX OF WP(C) 18685/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF SUSPENSION DATED 20/4/2022, ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE RESERVATION CHART FROM KSRTC.
Exhibit P3 TRUE COPY OF THE SEATING CONFIGURATION IN THE BUS IN QUESTION.
Exhibit P4 TRUE COPY OF THE WAY BILL, ISSUED BY STATE PUBLIC INFORMATION OFFICER OF KSRTC, PATHANAMTHITTA.
Exhibit P5 TRUE COPY OF THE APPEAL PETITION, SUBMITTED BY THE PETITIONER, TO THE 2ND RESPONDENT, DTD. 25/4/2022.
Exhibit P6 TRUE COPY OF THE MEMO OF CHARGES DATED 11/5/2022, ISSUED TO THE PETITIONER, BY THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE STATEMENT OF ALLEGATION, ISSUED TO THE PETITIONER DATED 12/5/2022, ISSUED BY THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE ON 23/5/2022, SUBMITTED BY THE PETITIONER. Exhibit P9 TRUE COPY OF THE SCREEN SHORT APPEARED IN THE SOCIAL MEDIA BY ONE OF THE PASSENGERS ON ALLEGATION DAY. Annexure R1(b)