Biju.G vs Kerala State Road Transport ...
2022 Latest Caselaw 12134 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 40075 OF 2022
PETITIONER:

          BIJU.G
          AGED 49 YEARS
          S/O. GOPALAN, MECHANIC, K.S.R.T.C DEPOT, KOLLAM
          RESIDING AT PARVATHODIL, KULANGARABHAGOM MURI, CHAVARA
          VILLAGE, CHAVARA P.O, KARUNAGAPPALLY TALUK, KOLLAM-690
          518.

          BY ADVS.
          PRATHEESH.P
          ANJANA KANNATH
          AMAR PRASANTH G.



RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION
          REPRESENTED BY THE MANAGING DIRECTOR, KSRTC,
          THIRUVANANTHAPURAM-695 023.

    2     THE MANAGING DIRECTOR
          KERALA STATE ROAD TRANSPORT CORPORATION,
          THIRUVANANTHAPURAM-695 023.

    3     DISTRICT TRANSPORT OFFICER
          DISTRICT TRANSPORT OFFICE, KSRTC DEPOT, KOLLAM-691 001



          SRI.DEEPU THANKAN -SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40075 OF 2022
                                    2



                              JUDGMENT

The petitioner impugns Ext.P2 order of

transfer, which has been issued by the Kerala

State Road Transport Corporation (KSRTC),

pending disciplinary action.

2. Smt.Anjana Kannath - learned counsel

for the petitioner, pointed out that Ext.P2 is

unnecessary, since the allegations against her

client are without basis.

3. Sri.Deepu Thankan - learned Standing

Counsel for the KSRTC, on the other hand,

submitted that, as per the applicable

Regulations, the KSRTC has the discretion to

either suspend an employee pending enquiry, or

to transfer him, so that the said processes can

be taken forward without any impediment. He

submitted that it is only in such manner that

Ext.P2 has been now issued.

4. I must say that there is some force in WP(C) NO. 40075 OF 2022

the afore submissions of Sri.Deepu Thankan; but

the enquiry proceedings cannot be allowed to

continue ad infinitum.

Therefore, to balance the rival interests,

I order this writ petition with the following

directions:

a) The competent Authority of the KSRTC

will complete the disciplinary enquiry against

the petitioner within a period of four months

from the date of receipt of a copy of this

judgment.

b) I record the undertaking of Smt.Anjana

Kannath, on behalf of her client, that he will

implicitly co-operate with the enquiry, without

seeking any unnecessary and avoidable

adjournments.

c) Pending the above, I also leave liberty

to the petitioner to move the competent

Authority of the KSRTC for transfer to a nearer

station on medical grounds; and if this is WP(C) NO. 40075 OF 2022

done, the same will be considered within a

period of two weeks thereafter.

d) In the event directions in (a) are not

complied with within the time frame fixed by

this Court, then the petitioner will be

entitled to be re-transfered to Ernakulam Unit

immediately after the said period.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 40075 OF 2022

APPENDIX OF WP(C) 40075/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE COPY OF THE ORDER NO.PL1/001027/19 DATED 18.2.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 THE COPY OF THE MEMORANDUM BEARING NO.A&VB2/46480/2022 DATED 22.11.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER THROUGH PROPER CHANNEL DATED 25.11.2022 WITHOUT ENCLOSURES.

Exhibit P4 THE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DISTRICT MEDICAL BOARD, KOLLAM DATED 16.4.2015.