Gracy Xavier vs The Kerala State Road Transport ...
2023 Latest Caselaw 2158 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MR. JUSTICE SATHISH NINAN

          FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944

                             WP(C) NO. 1975 OF 2023

PETITIONER:

               GRACY XAVIER
               AGED 55 YEARS
               (W/O.LATE S.ANSALAM ), EX- SPECIAL ASSISTANT , KERALA STATE
               ROAD TRANSPORT CORPORATION , KOTTARAKKARA DEPOT (RESIDING AT "
               PRANAVAM"), ELAMANNOOR, ADOOR, PATHANAMTHITTA DISTRICT, PIN :
               691 524.
               BY ADVS.
               K.P.JUSTINE (KARIPAT)
               A.JOSEPH GEORGE (AZHIKKAKATH)


RESPONDENTS:

     1         THE KERALA STATE ROAD TRANSPORT CORPORATION
               REP . BY ITS MANAGING DIRECTOR , TRANSPORT BHAVAN , EAST FORT ,
               THIRUVANANTHAPURAM - 695 023.
     2         THE MANAGING DIRECTOR,
               KERALA STATE ROAD TRANSPORT CORPORATION ,TRANSPORT BHAVAN, FORT
               P.O., THIRUVANANTHAPURAM-695 023.
     3         THE EXECUTIVE DIRECTOR (ADMINISTRATION ),
               KERALA STATE ROAD TRANSPORT CORPORATION , TRANSPORT BHAVAN ,
               EAST FORT ,THIRUVANANTHAPURAM - 695 023.
     4         THE EXECUTIVE DIRECTOR (VIGILANCE),
               KERALA STATE ROAD TRANSPORT CORPORATION , TRANSPORT BHAVAN ,
               FORT P.O THIRUVANANTHAPURAM-695 023.
     5         THE DISTRICT TRANSPORT OFFICER ,
               KERALA STATE ROAD TRANSPORT CORPORATION , KOTTARAKKARA - 691531
               .
     6         THE LAW OFFICER ,
               KERALA STATE ROAD TRANSPORT CORPORATION , THIRUVANANTHAPURAM -
               695 023.
     7         THE DEPUTY CHIEF ACCOUNTS OFFICER ( PENSION) ,
               KERALA STATE ROAD TRANSPORT CORPORATION , TRANSPORT BHAVAN ,
               THIRUVANANTHAPURAM -695 023.



               SHRI. DEEPU THANKAN, SC, KSRTC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).NO.1975 OF 2023


                                    -2-

                  Sathish Ninan, J.
           ==============================
               W.P.(C).No.1975 of 2023
             ==========================
      Dated this the 10th day of February, 2023

                               JUDGMENT

The husband of the petitioner - late

S.Ansalam was a Senior Assistant of the 1st

respondent, Kerala State Road Transport

Corporation (hereinafter referred to as

Corporation for short). While working as Special

Assistant, disciplinary proceedings were

initiated against him alleging charges of

misappropriation. As per Ext.P15 order, pursuant

to disciplinary enquiry, he was dismissed from

service. Challenging Ext.P15 order, the deceased

had filed Ext.P22 appeal before the 2nd

respondent, Managing Director. After the demise

of S.Ansalam, the petitioner had got herself

impleaded in the appeal. The petitioner confines

her relief for an expeditious consideration of

the appeal.

W.P.(C).NO.1975 OF 2023

2. Heard Sri.Justine K.P., learned counsel

for the petitioner and Sri.Deepu Thankan, learned

Standing Counsel for the Corporation.

Without expressing anything on the merits,

this writ petition is disposed of directing the

2nd respondent to consider and pass appropriate

orders on Ext.P22 appeal after affording an

opportunity of hearing to the petitioner. Let the

same be done within a period of two months from

the date of receipt of a copy of this judgment.

Sd/-

Sathish Ninan, Judge

Raj.

10.02.2023.

W.P.(C).NO.1975 OF 2023

APPENDIX OF WP(C) 1975/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CHARGE-SHEET NO.VLC1-

05998/2021 DATED 18.06.2001. Exhibit P2 TRUE COPY OF THE CHARGE-SHEET NO.VLC1-

44721/2001 DATED 22.11.2005. Exhibit P3 TRUE COPY OF THE REMOVAL ORDER NO.044721/2001 DATED 4.5.2012. Exhibit P4 TRUE COPY OF THE REMOVAL ORDER NO.5998/2001 DATED 3.5.2014. Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF ORDER NO.D.DIS.2564/2012/APL DATED 25.10.2012.

Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 26.10.2013 OF THE HON'BLE APPELLATE TRIBUNAL FOR KSRTC IN R.P.NO.1/2013 FILED BY LATE S.ANSALAM.

Exhibit P7 TRUE COPY OF THE LETTER DATED 12.11.2013.

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 3.9.14 IN W.P.(C) NO.18681/2014.

Exhibit P9 TRUE COPY OF THE REQUEST DATED 29.12.2014.

Exhibit P10 TRUE COPY OF THE REPLY NO.B1/5855/14/K.T.R. DATED 1.1.2015. Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 15.11.2013.

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 27.11.2013.

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 01.11.2014.

Exhibit P14 TRUE COPY OF THE JUDGMENT IN WPC NO.3757/2015 DATED 24.02.2015. Exhibit P15 TRUE COPY OF THE ORDER NO.044721/2001 DATED 22.05.2015.

Exhibit P16 TRUE COPY OF THE ENQUIRY FILE NO.LO/002/2001 DATED 28.02.2011. Exhibit P17 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 8.11.2011.

Exhibit P18 TRUE COPY OF THE ENQUIRY REPORT DATED W.P.(C).NO.1975 OF 2023

19.01.2015.

Exhibit P19 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27.02.2015.

Exhibit P20 TRUE COPY OF THE QUERY DATED 19.11.2012 OF ONE S.SASIKUMAR.

Exhibit P21 TRUE COPY OF THE REPLY UNDER RTI ACT, 2005 ISSUED BY THE PUBLIC INFORMATION OFFICER, KSRTC, CHIEF OFFICE. Exhibit P22 TRUE COPY OF THE APPEAL PETITION DATED 29.06.2015 BEFORE THE CHAIRMAN & MANAGING DIRECTOR OF KSRTC.

Exhibit P23 TRUE COPY OF THE PETITION OF CONTEMPT OF COURT CASE NO.70/2016.

Exhibit P24 TRUE COPY OF THE CONSEQUENTIAL ORDER NO.VLC1-44721/01 DATED 04.02.2016. Exhibit P25 TRUE COPY OF THE DEATH CERTIFICATE DATED 24.12.2016 PF LATE S. ANSALAM ISSUED BY THE DEPARTMENT OF PANCHAYATHS, GOVERNMENT OF KERALA. Exhibit P26 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHASILDAR, ADOOR.

Exhibit P27 TRUE COPY OF THE IMPLEADING PETITION I.A.NO.340/2018.

Exhibit P28 TRUE COPY OF THE JUDGMENT IN CONT.C(C) NO.70/2016 DATED 09.08.2018.