Kerala High Court
Raju Joseph vs Kerala State Road Transport ... on 27 January, 2023
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. 2770 OF 2023
PETITIONER/S:
RAJU JOSEPH
AGED 54 YEARS
S/O LATE K.J.JOSEPH,ANIYARAYIL
HOUSE,THALAYOLAPARAMBU P.O.,KOTTAYAM DISTRICT.
[ NOW WORKING AS INSPECTOR ATTACHED TO
MUVATTUPUZHA UNIT OF KSRTC], PIN - 686605
BY ADVS.
JEEVAN MATHEW MANAYANI
JOHNSON MANAYANI
RESPONDENT/S:
1 KERALA STATE ROAD TRANSPORT CORPORATION[KSRTC]
TRANSPORT BHAVAN,THIRUVANANTHAPURAM.REPRESENTED
BY ITS MANAGING DIRECTOR, PIN - 695023
2 EXECUTIVE DIRECTOR[ ADMINISTRATION & VILLAGE]
KERALA STATE ROAD TRANSPORT
CORPORATION[KSRTC],TRANSPORT BHAVAN
THIRUVANANTHAPURAM., PIN - 695023
3 THE DISTRICT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION
[KSRTC],ERNAKULAM OFFICE LOCATED AT ALUVA.P.O,
ERNAKULAM DISTRICT, PIN - 683101
4 THE ASST. TRANSPORT OFFICER[ATO]
KSRTC,MUVATTUPUZHA., PIN - 686661
SHRI. 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. 2770 of 2023
SATHISH NINAN, J.
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W.P.(C) No.2770 of 2023
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Dated this the 27th day of January, 2023
JUDGMENT
The petitioner is faced with a disciplinary proceeding. The
challenge is on the ground that in an earlier round of challenge
against the proceeding this Court had directed the enquiry to be
completed within one month and on failure the petitioner shall be
reinstated in service. The petitioner was reinstated since the
enquiry was not completed as was directed and that too in the
wake of a contempt proceeding. Therefore the continuation of the
proceeding is bad is law, is the contention.
2. Heard learned counsel on either sides.
3. While it is true that in the earlier round of challenge
against order of suspension in the proceeding this Court had
directed as contended by the petitioner. However that is only to
W.P.(C). No. 2770 of 2023
the effect that after the period of one month if the enquiry is not
over, he is to be reinstated. It is not to be understood as that the
enquiry proceeding itself will terminate. The proceeding can go
on and is to be taken to its logical conclusion. It will be sufficient
that the proceeding is completed without delay.
I dispose of the writ petition directing the 2 nd respondent to
ensure that the disciplinary proceedings initiated against the
petitioner is completed within a period of three months from the
date of receipt of certified copy of this judgment.
sd/-
SATHISH NINAN
JUDGE
das
W.P.(C). No. 2770 of 2023
APPENDIX OF WP(C) 2770/2023
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE SUSPENSION ORDER
DATED.9.8.2022 OF THE 2ND RESPONDENT
Exhibit.P2 TRUE COPY OF THE JUDGEMENT IN
WPC.26058/2022 OF THE HIGH COURT OF
KERALA.DATED.29.8.2022
Exhibit.P3 TRUE COPY OF MEMORANDUM OF ALLEGATION
AND STATEMENT OF CHARGES DATED.6.9.2022
Exhibit.P4 TRUE COPY OF THE PETITIONERS OBJECTION
TO EXT.P3 CHARGE MEMO DATED.2.11.2022
Exhibit.P5 TRUE COPY OF THE ORDER
DATED.19.11.2022OF THE 2ND RESPONDENT
Exhibit.P6 TRUE COPY OF THE ORDER DATED.19.11.2022
OF THE 3RD RESPONDENT
Exhibit.P7 TRUE COPY OF THE JUDGEMENT IN
CONT.CASE.2048/2022 OF THE HIGH COURT
OF KERALA .DATED.25.11.2022
