Kerala High Court
Nizarudeen. S vs Managing Director on 8 February, 2021
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.1545 OF 2021(P)
PETITIONER/S:
NIZARUDEEN. S
AGED 46 YEARS
S/O. SYED KUNJU, RESIDING AT DARUL AMAN,
PEZHUMMOOD, KUTTICHAL P.O., THIRUVANANTHAPURAM
DISTRICT-695574. (EX-DRIVER, KSRTC, KATTAKADA DEPOT)
BY ADV. SHRI.N.SASIDHARAN UNNITHAN
RESPONDENT/S:
1 MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION, FORT,
THIRUVANANTHAPURAM-695023.
2 EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION, FORT,
THIRUVANANTHAPURAM-695023.
3 ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
KATTAKADA DEPOT, THIRUVANANTHAPURAM-695572.
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.1545 OF 2021(P)
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. 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.P3 application on 05.06.2018
requesting for rejoin duty. He was informed that he has
been removed from service with effect from 01.06.2018
by Ext.P5 order dated 01.10.2018. Thereafter, he
submitted Ext.P6 representation dated 15.10.2018
before the first respondent.
2. It is contended by the learned counsel for the
petitioner that Ext.P5 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
and there was no enquiry preceding the impugned
WP(C).No.1545 OF 2021(P)
order.
3. It was contended by the learned counsel for
the petitioner that identically placed employees have
been taken back, pursuant to Ext.P9 and Ext.P10
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.P9 and P10 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
WP(C).No.1545 OF 2021(P)
interfered with.
In the result, the Writ Petition is allowed. Ext.P5
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.1545 OF 2021(P)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.
D.DIS.PL13/002460/16 DATED 18.1.2016
OF THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF LETTER
NO.E2/1772/18/KTDA DATED 11.5.2018
OF THE 3RD RESPONDENT ISSUED TO THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION
DATED 5.6.2018 OF THE PETITIONER
ADDRESSED TO THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER
NO.E2/1772/18/KTDA DATED 14.6.2018
OF THE 3RD RESPONDENT SENT TO THE
2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF ORDER
NO.PL11/000806/2018 DATED 1.10.2018
OF THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION
DATED 15.10.2018 OF THE PETITIONER
ADDRESSED TO THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER
NO.E2/4283/18/KTDA DATED 1.11.2018
OF THE 3RD RESPONDENT SENT TO THE
2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE APPEAL PETITION
DATED 23.11.2019 OF THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
5.8.2020 IN WP(C) NO.1097/2020 OF
THIS HONOURABLE COURT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED
5.1.2021 IN WA NO.12/2021 OF THIS
HONOURABLE COURT.
RESPONDENT'S/S EXHIBITS NIL
