Kerala High Court
Kerala State Road Transport ... vs Kerala State Road Transport ... on 5 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WA.No.12 OF 2021
AGAINST THE JUDGMENT IN WP(C) 1097/2020(J) OF HIGH COURT OF KERALA
DATED 05.08.2020
APPELLANTS/RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY THE MANAGING DIRECTOR,
KSRTC, TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM-695023.
2 THE CHAIRMAN AND MANAGING DIRECTOR,
KSRTC, TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM-695023.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
FORT, THIRUVANANTHAPURAM, PIN-695023.
4 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAPURA
DEPOT PATHANAPURAM P.O.,
PIN-689696, KOLLAM DISTRICT.
BY ADV. SRI.T.P.SAJAN
RESPONDENT/PETITIONER:
SURESH KUMAR K.
CHERUVIAL VEEDU, MANJAKKALA P.O.,
PIN-691508, KUNNIKODE, KOLLAM DISTRICT,
(EX.DRIVER, PATHANAPURAM DEPOT OF KSRTC).
SRI.N.SASIDHARAN UNNITHAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.12 OF 2021
2
ALEXANDER THOMAS & T.R. RAVI, JJ.
===========================
W. A. No. 12 of 2021
in
W.P.(C). No. 1097 of 2020
===========================
Dated this the 5th day of January, 2021
JUDGMENT
ALEXANDER THOMAS , J.
The above writ appeal has been filed by the respondents in WP(C)
No.1097/2020 as an intra-court appeal under Section 5 of the High Court
Act, seeking to impugn the judgment dated 05.08.2020 rendered by a
learned Single Judge of this Court in WP(C) No.1097/2020 filed by the 1 st
respondent herein.
2. Heard Sri.T.P.Sajan, learned standing counsel for the Kerala
State Road Transport Corporation (KSRTC) appearing for the petitioners
herein and Sri.N.Sasidharan Unnithan, learned counsel appearing for the
respondent herein/writ petitioner.
3. We are now apprised that the Division Bench of this Court has
rendered judgment dated 18.12.2020 dismissing Writ Appeal
No.1721/2020 arising out of WP(C) No.35774/2019, in a similar case, but
WA.No.12 OF 2021
with liberty to the employer concerned-KSRTC to take action in terms of
the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.
The said judgment rendered by the Division Bench of this Court on
18.12.2020 in W.A.No. 1721/2020 [arising out of WP(C) No.35774/2019]
reads as follows:
"The only challenge in this appeal is that the appellant Corporation's
right to take appropriate action against the delinquent Officer has not been
reserved. According to the learned counsel for the appellant, the order of
termination, though was passed without complying with the procedure
prescribed, the delinquent Officer was unauthorisedly absent for a
considerably long period and therefore the Corporation has the right to take
appropriate disciplinary action, which has not been reserved by the learned
Single Judge.
2. We have heard the learned counsel for the respondent also.
3. In a case where employer feels that the employee concerned had
been unauthorisedly absent, even though the order of termination is found to
be bad, if the employer decides to take action de novo, nothing prevents the
employer from taking appropriate action in accordance with the procedure
prescribed. We, therefore, reserve the said right to the Corporation. We
therefore modify the judgment of the learned Single Judge to the extent
mentioned above and the writ appeal is disposed of accordingly. "
4. After hearing both sides, after perusing pleadings and records
in this appeal and after perusing through the abovesaid judgment of the
Division Bench of this Court in W.A.No.1721/2020, it is ordered that the
present Writ Appeal will also be regulated by the directions and orders
made by the Division Bench of this Court in the judgment in
W.A.No.1721/2020. In other words, the judgment of the learned Single
Judge is not liable for interdiction, except the modification that the
employer-KSRTC will be at liberty to take action against the writ petitioner
WA.No.12 OF 2021
in accordance with the provisions contained in Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960.
With these observations and directions, the above Writ Appeal will
stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
Pn
