Azad M.C vs Kerala State Road Transport ...
2021 Latest Caselaw 4472 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                    WP(C).No.1852 OF 2021(F)


PETITIONER/S:

            AZAD M.C.
            AGED 41 YEARS
            S/O.ABDULLA, RESIDING AT MANNARACHOLA HOUSE,
            KAKKAOVE VAZHAYOOR P.O., RAMANATTUKARA -
            MALAPPURAM DISTRICT - 673 633 (EX-DRIVER, KSRTC,
            KOZHIKODE DEPOT).

            BY ADV. SHRI.N.SASIDHARAN UNNITHAN

RESPONDENT/S:

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

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

      3     DISTRICT TRANSPORT OFFICER
            KERALA STATE ROAD TRANSPORT CORPORATION,
            KOZHIKODE DEPOT, KOZHIKODE DISTRICT - 673 001.




            SC SRI.T.P SAJAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1852 OF 2021(F)
                                   2



                            JUDGMENT

The petitioner was a permanent driver in the

KSRTC. In 2016, he sought five years leave for

employment abroad. It was sanctioned to the petitioner

by Ext.P1 order for the period from 22.03.2016 to

22.03.2021. Accordingly, he went abroad, got engaged

in a contract employment and returned to India before

completion of five years period. After return, he

submitted Ext.P2 application on 08.01.2021 requesting

for rejoin duty. He was informed that he has been

removed from service with effect from 11.06.2018 by

Ext.P4 order dated 01.10.2018. Thereafter, he

submitted Ext.P5 representation dated 09.01.2021

before the first respondent.

2. It is contended by the learned counsel for the

petitioner that Ext.P4 order of removal from service is

per se illegal, unjust, arbitrary and unsustainable. No

charge memo was issued to him, no show cause notice

was issued to him, no personal hearing was conducted WP(C).No.1852 OF 2021(F)

and there was no enquiry preceding the impugned order.

3. It was contended by the learned counsel for

the petitioner that identically placed employees have

been taken back, pursuant to Ext.P6 and Ext.P7

judgments. It was reported by the learned counsel for

the petitioner that though the judgment of the learned

Single Judge in the light of Exts.P6 and P7 was

challenged before the Hon'ble Supreme Court of India, it

was reportedly rejected. The records show that the order

of termination was based on the ground of unauthorised

absence from duty. Admittedly the order of termination

was not preceded by any disciplinary proceedings.

Though the order of termination was issued invoking

Rule 24 of the Kerala Service Rules, the same cannot

apply to the case at hand, since the absence from duty

was not for a period of more than five years. Further,

leave was consequent to his voluntary application which

was sanctioned. In the above circumstance, the order of

termination without any disciplinary action is illegal and

liable to be interfered with.

WP(C).No.1852 OF 2021(F)

In the result, the Writ Petition is allowed. Ext.P4

order of removal stands quashed. The petitioner is

directed to be reinstated in service. He shall report to

the Depot, where he was working prior to his termination

and the respondent - KSRTC shall consider regarding the

manner of regularisation of his period of absence from

service.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.1852 OF 2021(F)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO.D.DIS.PL13/002485/16 DATED 22/3/2016 OF THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 8/1/2021 OF THE PETITIONER SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT NO.E2/109/2021/KKD DATED 8/1/2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF ORDER NO.PL11/000806/2018 DATED 1/10/2018 OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 9/1/2021 OF THE PETITIONER SENT TO THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 5/8/2020 IN WP(C) NO.5317/2020 OF THIS HONOURABLE COURT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 6/1/2021 IN WA NO.25/2021 OF THIS HONORABLE COURT.

RESPONDENT'S/S EXHIBITS            NIL