K. Sureshkumar vs Kerala State Road Transport ...
2022 Latest Caselaw 8049 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. 13033 OF 2021

PETITIONER:

               K. SURESHKUMAR
               AGED 52 YEARS
               S/O. KRISHNA PILLAI, PULLUTHOTTAM, VANCHIYOOR POST, ATTINGAL -
               695102, (SUPERINTENDENT, KSRTC, KANIYAPURAM DEPOT,
               THIRUVANANTHAPURAM DISTRICT) (UNDER SUSPENSION).

               BY ADVS.
               RAJU JOSEPH (SR.)
               C.JOSEPH ANTONY
               JOHN MANJOORAN



RESPONDENTS:

     1         KERALA STATE ROAD TRANSPORT CORPORATION
               REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT
               BHAVAN, EAST FORT, PAZHAVANGADI, THIRUVANANTHAPURAM - 695023.

     2         THE CHAIRMAN AND MANAGING DIRECTOR,
               KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST
               FORT, PAZHAVANGADI, THIRUVANANTHAPURAM - 695023.


OTHER PRESENT:

               SRI SAJAN T.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.06.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13033 OF 2021

                                     2




                              JUDGMENT

The petitioner is presently working at Kalpetta in the services of

the Kerala State Road Transport Corporation (KSRTC). At the time

when this writ petition was filed, he had been placed under

suspension facing certain allegations of sexual harassment, but

subsequently, he was reinstated in service pending disciplinary

action. The present requirement of the petitioner is that he be

directed to be transferred to Thiruvananthapuram because all the

allegations against him have been found to be false through Exts.P5

and P13 proceedings. The petitioner, therefore, prays that the

competent Authority of the KSRTC be directed to transfer him to

Thiruvananthapuram, to one of the available vacancies, forthwith.

2. The afore submissions of Sri.Joseph Antony C., learned

counsel for the petitioner, were answered by Smt.Umul Fidha,

learned counsel representing the learned standing counsel for the

KSRTC, saying that there are no vacancies in Thiruvananthapuram as

of now and that the petitioner's request will be considered in the next

arising vacancy or within a period of one month, whichever is earlier.

She submitted that the petitioner cannot seek such transfer in the

absence of a vacancy; and therefore, that the afore time frame is the WP(C) NO. 13033 OF 2021

minimum requirement.

3. In reply, of course, Sri.Joseph Antony C - learned counsel

for the petitioner, submitted that several vacancies are still available

and that many persons have already been appointed to

Thiruvanthapuram as recently as on 08.06.2022.

Even when I hear the petitioner on the afore lines, the fact

remains that a decision to transfer the petitioner will have to be

taken by the KSRTC, taking note of all relevant and germane aspects.

Since Smt.Umul Fidha undertakes that his claim will be considered in

the next arising vacancy or within a period of one month, whichever

is earlier; I am certain that the petitioner must be satisfied with the

same.

Resultantly, I order this writ petition, making it clear that I have

not entered into any of the allegations against the petitioner and

without assessment of the merits of the contentions of the rival

parties with respect to the same; thus directing the competent

Authority of the KSRTC to effect the transfer of the petitioner to

Thiruvanthapuram in the next arising vacancy or within a period of

one month, whichever is earlier.

Needless to say, all contentions of the petitioner, as also other

reliefs sought for in this writ petition, are left open to be pursued by WP(C) NO. 13033 OF 2021

him depending upon the disciplinary action initiated and completed

against him.

SD/-

DEVAN RAMACHANDRAN JUDGE stu/rp WP(C) NO. 13033 OF 2021

APPENDIX OF WP(C) 13033/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER NO. V.L.C 1-

000696/21 DATED 19.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ALONG WITH ITS TRUE ENGLISH TRANSLATION.

Exhibit P2 TRUE COPY OF THE TRANSFER ORDER DATED 08.04.2021 OF THE ALLEGED VICTIM TO THE ATTINGAL DEPOT ISSUED BY THE EXECUTIVE DIRECTOR(ADMINISTRATION) OF THE 1ST RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 15.1.2021 ISSUED BY THE ASSISTANT TRANSPORT OFFICER OF THE DEPOT ALONG WITH ITS TRUE ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 4.5.2021 SENT BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.

Exhibit P5 TRUE COPY OF THE ENQUIRY REPORT DATED 27.03.2021.

Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE DISTRICT WOMEN AND CHILD WELFARE OFFICER, THIRUVANTHAPURAM DATED 10.08.2021.

Exhibit P7 TRUE COPY OF THE CHARGE SHEET AND MEMORANDUM OF CHARGES DATED 23.7.2021.

Exhibit P8 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 06/08/2021.

Exhibit P9 TRUE COPY OF THE ORDER OF THE REINSTATEMENT DATED 21.10.2021.

Exhibit P10 TRUE COPY OF THE ORDER OF THE TRIBUNAL UNDER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 DATED 23.09.2019.

Exhibit P11               PHOTOGRAPH OF OFFICE ROOM.

Exhibit P12               PHOTOGRAPH TAKEN FROM A DIFFERENT ANGLE.