Bastian Biude K.J vs Kerala State Road Transport ...
2022 Latest Caselaw 7942 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                       WP(C) NO. 21167 OF 2022
PETITIONER:

          BASTIAN BIUDE K.J., DRIVER (GRADE I),
          KANYAAPURAM DEPOT, KERALA STATE ROAD TRANSPORT
          CORPORATION, 021, THIRUVANANTHAPURAM-695 RESIDING
          AT KUDIYANSSERRY HOUSE, THAIKKAL P O, CHERTHALA,
          ALPAPPUZHA DISTIRCT PIN-688 554

          BY ADVS.
          V.PREMCHAND
          SURYA MOHAN P.


RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION,
          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 ( ADMINISTRATION & VIGILANCE)
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023.

    4     THE ASSISTANT TRANSPORT OFFICER,
          KANYAAPURAM DEPOT, KERALA STATE ROAD TRANSPORT
          CORPORATION, THIRUVANANTHAPURAM-695 021


          SRI.DEEPU THANKAN-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 21167/22
                                        2



                            JUDGMENT

The petitioner, who is working as a Driver in the services of

the Kerala State Road Transport Corporation (KSRTC), has been

placed under suspension through Ext.P1, pending disciplinary

action. He says that he has preferred Ext.P2 Appeal against the

same and seeks that it be directed to be disposed of, within a

time frame to be fixed by this Court.

2. In response to the afore submissions made by

Sri.V.Premchand - learned counsel for the petitioner, Smt.Umul

Fidha - learned counsel representing the learned Standing Counsel

for the KSRTC, submitted that if the petitioner only requires

Ext.P2 Appeal to be taken up and disposed of in terms of law,

there does not appear to be any legal impediment in doing so;

but prayed that this Court may not make any affirmative

declarations on the entitlement of the petitioner to any relief and

leave it to the competent Authority to take a final decision as per

law.

3. Sri.Premchand, in reply, however, submitted that his WPC 21167/22

client's daughter is studying for medicine at Parippally Medical

College and therefore, that unless he is reinstated in service, it

would be difficult for him to live or to provide for his daughter.

4. Taking note of the afore submissions and since this

Court cannot decide Ext.P2 in any manner whatsoever at this

stage, I deem it appropriate to accede to the afore limited request

of the petitioner.

Resultantly, I order this Writ Petition, directing the

competent Authority of the KSRTC to take up Ext.P2 Appeal of

the petitioner and to dispose it of, after affording him an

opportunity of being heard, as also adverting to the contentions

relating to the financial crisis and studies of his daughter; thus

culminating in an appropriate order and necessary action thereon

as expeditiously as is possible, but not later than one month from

the date of receipt of a copy of this judgment.

Sd/-

RR                                          DEVAN RAMACHANDRAN
                                                   JUDGE
 WPC 21167/22


                APPENDIX OF WP(C) 21167/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE ORDER DATED 10/06/2022
                    ISSUED BY THE 3RD RESPONDENT.
Exhibit P2          TRUE COPY OF THE OF APPEAL PETITION
                    DATED 18/06/2022 BEFORE THE SECOND
                    RESPONDENT.