Rakesh.R vs Kerala State Road Transport ...
2021 Latest Caselaw 23338 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 13120 OF 2021
PETITIONER:

          RAKESH.R.,
          AGED 35 YEARS,
          S/O. RAMACHANDRAN PILLAI G. RAJESH BHAVAN,
          NAVAIKKULAM P.O. THIRUVANANTHAPURAM DISTRICT 695 603.

          BY ADV H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION ,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          TRANSPORT BHAVAN , FORT, THIRUVANANTHAPURAM 691 023.
    2     THE EXECUTIVE DRECTOR,
          (ADMINISTRATION), TRANSPORT BHAVAN, FORT,
          THIRUVANANTHAPURAM 691 023.

    3     THE DISTRICT TRANSPORT OFFICER,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          DISTRICT TRANSPORT OFFICE, ATTINGAL,
          THIRUVANANTHAPURAM DISTRICT 695 101.

           BY ADV DEEPU THANKAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC.13120/21
                                      2



                                    JUDGMENT

This writ petition is filed challenging Ext.P5 order

whereby the petitioner was terminated from the service

with effect from 11.06.2021.

2. Learned counsel for the petitioner submitted that

the aforementioned order was received only as per the

information received under RTI as the petitioner was not

available at the time when the order was passed.

Petitioner had served as a Conductor with the respondent

Corporation and taken leave without allowance. But

without following the due procedure of holding the enquiry,

was terminated from service which is against the

provisions of Kerala Service Rules as applicable to the

employees. It is not the first time that the services of the

employees like the petitioner have been terminated

without complying the principles of natural justice of

holding the enquiry and respondent Corporation vide

Ext.P9 dated 04.10.2021 re-admitted a similarly situated

employee, after the order of termination was quashed by

this Court.

WPC.13120/21

3. Learned counsel for the respondent Corporation

submits that this Court in W.P(C).No.25488/2020 vide

order dated 20.11.2020 directed the respondents to take

a call on the representation for allowing the petitioner to

report for duty, but the decision could not have been taken

resulting into filing of the present writ petition challenging

the order Ext.P5.

4. 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

order Ext.P5 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 WPC.13120/21

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 VV WPC.13120/21

APPENDIX OF WP(C) 13120/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER NO.

PL12/2000/2010 DATED 22.02.2010. Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT NO. E1/4852/ATL DATED 28.4.2015. Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 6.3.2020 ALONG WITH ACKNOWLEDGEMENT RECEIPT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 9.9.2020 ALONG WITH ACKNOWLEDGEMENT RECEIPT.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENTS NO. PL 11/000806/2018 TVM DATED 1.10.2018.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 20.11.2020 IN WPC 25488/2020.

Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC NO.

6645/2021 DATED 8.4.2021.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC 6980/2021 DATED 8.4.2021.

Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT NO. PL 15/119243/2021 DATED 04/10/2021 Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH CASH RECEIPT DATED 17/6/2021 WITH ENGLISH TRANSLATION.