Shajy.T.M vs The Kerala State Road Transport ...
2023 Latest Caselaw 1663 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                     WP(C) NO. 2435 OF 2023
PETITIONER/S:

            SHAJY.T.M., AGED 50 YEARS
            DRIVER - GRADE - I, THE KERALA STATE ROAD
            TRANSPORT CORPORATION, GURUVAYOOR DEPOT,
            THRISSUR DISTRICT, (NOW UNDER ORDERS OF TRANSFER
            TO THRIVANATHAPRUAM CENTRAL) RESIDING AT
            THACHARAMBATH, THEKKUMPURAM, CHENGANDAMANGALAM,
            ERNAKUALM DISTRICT, PIN - 683512
            BY ADV O.D.SIVADAS


RESPONDENT/S:

    1       THE KERALA STATE ROAD TRANSPORT CORPORATION,
            TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
            REPRESENTED BY ITS MANAGING DIRECTOR
            , PIN - 695001
    2       THE CHAIRMAN AND MANAGING DIRECTOR,
            KERALA STATE ROAD TRANSPORT CORPORATION,
            TRANSPORT BHAVAN, THIRUVANANTHAPURAM, , PIN -
            695001
    3       THE EXECUTIVE DIRECTOR, (VIGILANCE)
            KERALA STATE ROAD TRANSPORT CORPORATION,
            TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
            , PIN - 695001
    4       THE DISTRICT TRANSPORT OFFICER,
            KERALA STATE ROAD TRANSPORT CORPORATION,
            THRISSUR, , PIN - 680001
            BY ADV DEEPU THANKAN SC KSRTC


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   27.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                         -2-
W.P.(C). No. 2435 of 2023



                                    SATHISH NINAN, J.
                                  ================================================

                                  W.P.(C) No.2435 of 2023
                            =============================================================

                   Dated this the 27th day of January, 2023

                                            JUDGMENT

Ext.P3 order of transfer is stated to be as part of disciplinary

proceeding. But for the show cause notice, no records with

regard to any disciplinary proceeding is produced. At any rate,

Ext.P3 order is not pursuant to any disciplinary proceeding. In the

light thereof, Ext.P3 cannot be sustained. The same is hereby

quashed.

However, it is made clear that the above is without

prejudice to the rights of the respondents.

sd/-

SATHISH NINAN JUDGE

das

W.P.(C). No. 2435 of 2023

APPENDIX OF WP(C) 2435/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.5.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER, Exhibit P2 TRUE COPY OF THE REPLY DATED 7.6.2022 SUBMITTED BY THE PETITIONER, TO EXT.P1 SHOW CAUSE NOTICE ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE MEMORANDUM DATED 13.1.2023, ISSUED BY THE 3RD RESPONDENT, TRANSFERRING THE PETITIONER FROM GURUVAYOOR DEPOT TO THIRUVANANTHAPURAM CENTRAL DEPOT. Exhibit P4 TRUE COPY OF THE REPLY DATED 19.1.2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.