P. A. Shajahan vs The Kerala State Road Transport ...
2022 Latest Caselaw 6591 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(C) NO. 18685 OF 2022
PETITIONER:

          P. A. SHAJAHAN
          S/O. AKBER, MELETHUNDIYIL HOUSE, CHITTAR P. O.,
          PATHANAMTHITTA. DRIVER GRADE-II, K.S.R.T.C. DEPOT,
          PATHANAMTHITTA (NOW UNDER SUSPENSION).

          BY ADVS.
          C.S.MANILAL
          S.NIDHEESH



RESPONDENTS:

    1     THE KERALA STATE ROAD TRANSPORT CORPORATION
          REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN,
          EAST FORT, THIRUVANANTHAPURAM- 695023.

    2     THE MANAGING DIRECTOR
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, EAST FORT, TRIVANDRUM - 695 023.

    3     THE EXECUTIVE DIRECTOR (ADMINISTRATION AND VIGILANCE)
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, EAST FORT, TRIVANDRUM- 695 023.

    4     THE ASSISTANT TRANSPORT OFFICER
          KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA
          DEPOT, PATHANAMTHITTA-689645.



          SRI DEEPU THANKAN-SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18685 OF 2022
                                    2



                                JUDGMENT

The petitioner has been, admittedly,

proceeded against disciplinarily by the Kerala

State Road Transport Corporation (KSRTC),

where he is working as a Driver Grade-II. He

also concedes that he has been placed under

suspension and that the afore proceedings are

still continuing.

2. Sri.C.S.Manilal - learned counsel

appearing for the petitioner, after arguing

this matter in some detail, confined his plea

that Ext.P5 Appeal preferred by his client

against the order of suspension be directed to

be taken up and disposed of by the competent

Authority of the KSRTC, within a short time

frame; and further, that the disciplinary

action itself be directed to be completed

within a time frame to be fixed by this Court.

3. Smt.Lakshmi Sreedhar - learned counsel WP(C) NO. 18685 OF 2022

appearing on behalf of the learned Standing

Counsel for the KSRTC, submitted that if the

petitioner only requires Ext.P5 appeal to be

disposed of without delay, she will not stand

in the way of appropriate orders being issued;

adding that as regards the disciplinary

action, it can be completed, subject to the

petitioner's co-operation, within a period of

two months.

4. Taking note of the afore submissions,

I issue the following directions:

a) The competent Authority of the KSRTC

will take up Ext.P5 Appeal of the petitioner

and dispose of same, after hearing him, within

a period of two weeks from the date of receipt

of a copy of this judgment. For this purpose,

I direct the petitioner to mark appearance

before the said Authority at 11 a.m. on

15.06.2022.

b) The 2nd respondent - Managing Director WP(C) NO. 18685 OF 2022

will ensure that the disciplinary action

against the petitioner is completed, after

following due procedure, as expeditiously as

is possible, but not later than two months

from the date of receipt of a copy of this

judgment.

c) I clarify that direction (b) above will

be subject to the co-operation of the

petitioner, who will not seek any avoidable or

unnecessary adjournments.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 18685 OF 2022

APPENDIX OF WP(C) 18685/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF SUSPENSION DATED 20/4/2022, ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE RESERVATION CHART FROM KSRTC.

Exhibit P3 TRUE COPY OF THE SEATING CONFIGURATION IN THE BUS IN QUESTION.

Exhibit P4 TRUE COPY OF THE WAY BILL, ISSUED BY STATE PUBLIC INFORMATION OFFICER OF KSRTC, PATHANAMTHITTA.

Exhibit P5 TRUE COPY OF THE APPEAL PETITION, SUBMITTED BY THE PETITIONER, TO THE 2ND RESPONDENT, DTD. 25/4/2022.

Exhibit P6 TRUE COPY OF THE MEMO OF CHARGES DATED 11/5/2022, ISSUED TO THE PETITIONER, BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE STATEMENT OF ALLEGATION, ISSUED TO THE PETITIONER DATED 12/5/2022, ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE ON 23/5/2022, SUBMITTED BY THE PETITIONER.

Exhibit P9 TRUE COPY OF THE SCREEN SHORT APPEARED IN THE SOCIAL MEDIA BY ONE OF THE PASSENGERS ON ALLEGATION DAY. Annexure R1(b)