G.Binu vs Kerala State Road Transport ...
2021 Latest Caselaw 16767 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                       WP(C) NO. 23031 OF 2020
PETITIONER:

          G.BINU
          CONDUCTOR, KSRTC PATHANAMTHITTA DEPOT,
          (UNDER ORDER OF REMOVAL), RESIDING AT ANIZHAM,
          MANGARAM, PANDALAM P.O.,
          PATHANAMTHITTA DISTRICT, PIN-689 501

          BY ADV K.P.RAJEEVAN



RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION
          REP.BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT,
          THIRUVANANTHAPURAM, PIN-695 023

    2     EXECUTIVE DIRECTOR (ADMINISTRATION)
          KERALA STATE ROAD TRANSPORT CORPORATION,
          TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN-695 023

    3     DISTRICT TRANSPORT OFFICER
          KSRTC, PATHANAMTHITTA DEPOT,
          PATHANAMTHITTA DISTRICT, PIN-689 645

          BY ADV SRI.DEEPU THANKAN,SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23031 OF 2020
                                           2


                                     JUDGMENT

Petitioner while working as a conductor in the Kerala state Road

Transport Corporation (hereinafter called 'KSRTC') applied for a leave

from 09.08.2017. Application for leave was forwarded for sanction as

he was to undergo some treatment owing to illness. Petitioner reported

for duty but was not permitted and in this regard, submitted a

representation dated 28.05.2018. Without considering the

representation and any notice to the petitioner, order of termination

dated 01.10.2018 Ext.P4 was passed. Against the aforementioned

order petitioner preferred an appeal which has also been erroneously

dismissed vide impugned order dated 25.09.2020 (Ext.P10). It has

been contended that respondent No.2 Executive Director

(Administration) KSRTC as per Rule 24 of Part-I of Kerala Service Rules

is not competent to issue Ext.P4 termination order. Absence of the

petitioner was neither intentional nor willful but owing to certain

reasons details of which had already been submitted through

representation, but without giving any opportunity, the proceedings are

vitiated.

2. On the other hand, Sri.Deepu Thankan, learned counsel

appearing on behalf of the KSRTC submitted that in case of violation of

the principles of natural justice of not holding any enquiry before WP(C) NO. 23031 OF 2020

causing termination order or any notice, the authorities can always be

directed to initiate the procedure in accordance with law.

3. I have heard the learned counsel for the parties and

appraised the paper book.

The facts aforementioned are not in dispute ie., non compliance

of principle of natural justice and non issuance of notice before

termination much less the enquiry. Thus the procedure adopted by the

respondent for termination is wholly vague and opaque. Accordingly, I

set aside the orders Exts.P4 and P10 and allow the writ petition.

however, this will not preclude the respondent Corporation to take

steps in accordance with law by holding the enquiry after affording an

opportunity of hearing. Let this exercise be undertaken within a period

of five months from the date of receipt of copy of the judgment. In the

meantime the respondents shall be at liberty to take the services of

the petitioner if they deem it appropriate.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 23031 OF 2020

APPENDIX OF WP(C) 23031/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF LETTER NO.E2/2531/18/PTA DTD 11.5.18 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P2 A TRUE COPY OF REPRESENTATION DATED 28.5.2018 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P3 A TRUE COPY OF COMMUNICATION NO.E2/2767/18/PTA DATED 28.5.2018 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P4 A TRUE COPY OF ORDER NO.P.L.11/000806/2018 DATED 1.10.2018 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 A TRUE COPY OF APPEAL PETITION DATED 25.1.2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 A TRUE COPY OF JUDGMENT DATED 3.5.2019 IN WP(C) NO.12951 OF 2019

EXHIBIT P7 A TRUE COPY OF ORDER NO.APL.3034/2019 DATED 9.10.2019 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P8 A TRUE COPY OF JUDGMENT DATED 16.10.2019 IN CONTEMPT CASE (C) NO.1547 OF 2019

EXHIBIT P9 A TRUE COPY OF JUDGMENT DATED 22.1.2020 IN W.P.(C) NO.765 OF 2020

EXHIBIT P10 A TRUE COPY OF ORDER NO.PL11/036518/20 DATED 25.9.2020 ISSUED BY THE 1ST RESPONDENT.

WP(C) NO. 23031 OF 2020

EXHIBIT P11 A TRUE COPY OF JUDGMENT DATED 9.10.2020 IN CON.CASE (C) NO.1111 OF 2020

EXHIBIT P12 A TRUE COPY OF RULE 15 PROCEDURE FOR IMPOSING MAJOR PENALTIES AS PER KERALA CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES

EXHIBITS P13 A TRUE COPY OF ENGLISH TRANSLATIONOF EXHIBIT P1 DOCUMENT (E2/2531/18/PTA DATED 11.05.2018)

EXHIBIT P14 A TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P2 REPRESENTATION OF THE PETITONER (DATED 28.05.2018)

EXHIBIT P15 A TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P3 DOCUMENT (NO.E2/2767/18/PTA DATED 28.05.2018)

EXHIBIT P16 A TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P4 DOCUMENT (NO.PL/11/000806/2018 DATED 1.10.2018)

EXHIBIT P17 A TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P5 APPEAL PETITION DATED 25.01.2019 FILED BY THE PETITIONER

EXHIBIT P18 A TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P7 ORDER (NO.APL.3034/2019 DATED 9.10.2019)

EXHIBIT P19 A TRUE COPY OF JUDGMENT REPORTED AS 2014 (1) KLT 1027