Kerala High Court
Ajimon K.G vs Kerala State Road Transport ... on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
WP(C) NO. 40827 OF 2022
PETITIONERS:
1 AJIMON K.G, MECHANIC, SELECTION GRADE I, AGED 49 YEARS,
S/O GOPINATHAN, KOCHUPARAMBIL, CMC-5, CHERTHALA PO,
ALAPPUZHA DISTRICT, PIN:- 688 524
2 JINEESH P ANTONY, MECHANIC GRADE I, AGED 39 YEARS,
S/O ANTONY, PUTHENPURAKKAL, EZHUPUNNA, ALAPPUZHA,
PIN:- 688 537
3 SUBHASH V.K, AGED 52 YEARS, MECHANIC, GRADE I,
S/O KARISHNA KUMAR, VELICHANDRA HOUSE, KARTHEDAM,
MALIPURAM, ERNAKULAM,PIN-682 511.
4 SUBHASH MG, AGED 53 YEARS, MECHANIC, SELECTION GRADE I,
S/O GANGADHARAN,MANAPPURATHU, MANAPPURAM P O,
CHERTHALA, ALAPPUZHA DISTRICT,PIN:- 688 526
5 HAREESH KUMAR P, MECHANIC, SELECTION GRADE I, AGED 45
YEARS, S/O K PUSHPAN, KATTINPURAM VELI,
VANDANAMALAPPUZHA DISTRICT,PIN- 688 005.
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
FATHIMA SHALU S.
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023.
2 THE CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT P.O,THIRUVANANTHAPURAM-695 023.
3 THE EXECUTIVE DIRECTOR,(VIGILANCE),
KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
BHAVAN, FORT P.O, THIRUVANANTHAPURAM -695023.
WPC 40827/22
2
SRI DEEPU THANKAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 40827/22
3
JUDGMENT
The petitioners, while working as Mechanics in the services
of the Kerala State Road Transport Corporation (KSRTC), were
placed under suspension through Ext.P1 on certain charges. They
preferred Ext.P3 Appeal against the same asserting that they are
wholly innocent of the charges against them; but that they were
issued with the Charge Memo indicating that KSRTC was
continuing with the disciplinary action against them.
2. Sri.V.Premchand - learned counsel for the petitioners,
vehemently argued that the allegations against his clients in
Ext.P1 are totally untenable and that they have explained their
innocence in the pleadings of this case. He thus prayed that
Ext.P1 be quashed; or in the alternative, Ext.P3 be directed to be
taken up and disposed of within a time frame, so that his clients
can then be reinstated in service, pending the disciplinary action.
3. In response, Sri.Deepu Thankan - learned Standing
Counsel for the KSRTC, submitted that there is no legal
impediment for the competent Authority of the KSRTC to take up
WPC 40827/22
Ext.P3 Appeal of the petitioners and to decide on it; however,
praying that this Court may not make any affirmative declarations
on the imputations made against them, because the disciplinary
action is still pending.
4. When I evaluate the afore submissions, it is clear that
this Court cannot enter into the merits of Ext.P1, when Ext.P3
Appeal is concededly pending.
In the afore circumstances, I order this Writ Petition with
the following directions:
a) The competent Authority of the KSRTC will hear the
petitioners and take a decision on Ext.P3 Appeal, as expeditiously
as is possible, but not later than three weeks from the date of
receipt of a copy of this judgment.
b) The KSRTC will ensure that the disciplinary action
initiated against the petitioners is concluded in terms of law, after
affording them necessary opportunity of being heard and of
producing documents and evidence in their support, as
expeditiously as is possible, but not later than two months from
the date of receipt of a copy of this judgment.
WPC 40827/22
c) I record the undertaking of Sri.V.Premchand, made on
behalf of the petitioners, that they will implicitly cooperate with
the enquiry proceedings without seeking any unavoidable or
unnecessary adjournments.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 40827/22
APPENDIX OF WP(C) 40827/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 02.11.2022
ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE
WORK REGISTER BOOK.
Exhibit P3 TRUE COPY OFTHE APPEAL DATED 24.11.2022
BEFORE THE 2ND RESPONDENT BY
PETITIONERS.
