IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21167 OF 2022
PETITIONER:
BASTIAN BIUDE K.J., DRIVER (GRADE I),
KANYAAPURAM DEPOT, KERALA STATE ROAD TRANSPORT
CORPORATION, 021, THIRUVANANTHAPURAM-695 RESIDING
AT KUDIYANSSERRY HOUSE, THAIKKAL P O, CHERTHALA,
ALPAPPUZHA DISTIRCT PIN-688 554
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-695 023
2 THE CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM-695 023
3 THE EXECUTIVE DIRECTOR ( ADMINISTRATION & VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023.
4 THE ASSISTANT TRANSPORT OFFICER,
KANYAAPURAM DEPOT, KERALA STATE ROAD TRANSPORT
CORPORATION, THIRUVANANTHAPURAM-695 021
SRI.DEEPU THANKAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 21167/22
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JUDGMENT
The petitioner, who is working as a Driver in the services of the Kerala State Road Transport Corporation (KSRTC), has been placed under suspension through Ext.P1, pending disciplinary action. He says that he has preferred Ext.P2 Appeal against the same and seeks that it be directed to be disposed of, within a time frame to be fixed by this Court.
2. In response to the afore submissions made by Sri.V.Premchand - learned counsel for the petitioner, Smt.Umul Fidha - learned counsel representing the learned Standing Counsel for the KSRTC, submitted that if the petitioner only requires Ext.P2 Appeal to be taken up and disposed of in terms of law, there does not appear to be any legal impediment in doing so; but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to the competent Authority to take a final decision as per law.
3. Sri.Premchand, in reply, however, submitted that his WPC 21167/22 3 client's daughter is studying for medicine at Parippally Medical College and therefore, that unless he is reinstated in service, it would be difficult for him to live or to provide for his daughter.
4. Taking note of the afore submissions and since this Court cannot decide Ext.P2 in any manner whatsoever at this stage, I deem it appropriate to accede to the afore limited request of the petitioner.
Resultantly, I order this Writ Petition, directing the competent Authority of the KSRTC to take up Ext.P2 Appeal of the petitioner and to dispose it of, after affording him an opportunity of being heard, as also adverting to the contentions relating to the financial crisis and studies of his daughter; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 21167/22
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APPENDIX OF WP(C) 21167/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 10/06/2022
ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE OF APPEAL PETITION
DATED 18/06/2022 BEFORE THE SECOND
RESPONDENT.