Kerala High Court
Kerala State Road Transport ... vs Kerala State Road Transport ... on 6 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WA.No.25 OF 2021
AGAINST THE JUDGMENT IN WP(C) 5317/2020(L) OF HIGH COURT OF KERALA
DATED 05.08.2020
APPELLANTS/RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM-695 023.
2 THE CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM-695 023.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM, PIN-695 023
4 THE DISTRICT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
KOZHIKODE DEPOT KOZHIKODE P.O, PIN-673 002, KOZHIKODE
DISTRICT.
BY ADV. SRI.T.P.SAJAN
RESPONDENT/PETITIONER:
RENJITH KUMAR O.P.
S/O. BHASKARAN, OZHAKKAZHAKAM PADIKKAL,
KOILANDI, KOZHIKODE PIN-673 305,
KOZHIKODE DISTRICT,
(EX DRIVER, KSRTC KOZHIKODE DEPOT).
SRI.N.SASIDHARAN UNNITHAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.25 OF 2021
2
ALEXANDER THOMAS & T.R. RAVI, JJ.
===========================
W. A. No. 25 of 2021
in
W.P.(C). No. 5317 of 2020
===========================
Dated this the 6th day of January, 2021
JUDGMENT
ALEXANDER THOMAS , J.
The above writ appeal has been filed by the respondents in WP(C)
No.5317/2020 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.5317/2020 filed by the
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.25 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 the 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 [arising out of
WP(C) No.35774/2019], 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 [arising out of WP(C)
No.35774/2019] dated 18.12.2020. In other words, the judgment of the
learned Single Judge is not liable for interdiction, except the modification
WA.No.25 OF 2021
that the employer-KSRTC will be at liberty to take action against the writ
petitioner 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
