Sawmia T.R vs The Executive Director
2023 Latest Caselaw 616 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 35736 OF 2022
PETITIONER:

          SAWMIA T.R, AGED 40 YEARS,
          D/O. RAMACHANDRAN T.K., T.C. V/336, MURALI VIHAR,
          VIYYUR P.O., THRISSUR-680 010. JUNIOR ASSISTANT,
          GURUVAYOOR DEPOT, GURUVAYUR, THRISSUR.

          K.AMAR RAGH
          SERIN K.S.


RESPONDENTS:

    1     THE EXECUTIVE DIRECTOR,
          ADMINISTRATION, OFFICE OF THE CHAIRMAN & MANAGING
          DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 035.

    2     THE EXECUTIVE DIRECTOR (VIGILANCE),
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, THIRUVANANTHAPURAM-695 035.

    3     DISTRICT/ASSISTANT TRANSPORT OFFICER,
          K.S.R.T.C. WEST NADA,
          GURUVAYOOR, TRICHUR-680 101.

    4     ADMINISTRATIVE OFFICER,
          VIGILANCE & ADMINISTRATION,
          K.S.R.T.C., TRIVANDRUM, PIN- 695 001.

    5     THE ENQUIRY OFFICER & DISTRICT TRANSPORT OFFICER,
          PALAKKAD- 679335.

          SRI.DEEPU THANKAN -SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35736 OF 2022
                                  2


                             JUDGMENT

The petitioner calls into question Exts.P9(b) and P19

memo of charges issued to her by the KSRTC, as also Ext.P29(b)

enquiry report settled against her through a disciplinary

enquiry.

2. The petitioner has impelled various contentions against

the afore proceedings, but concedes that no action has been

taken by the Disciplinary Authority on Ext.P29(b) report until

now. She also admits that she has been called upon, through

Ext.P29(a) notice, by the Disciplinary Authority to make her

explanation against the report, which she has done vide Ext.P30.

3. Sri.Deepu Thankan - learned standing counsel for the

KSRTC, submitted that this writ petition is not maintainable

because Ext.P29(a) is only a notice to the petitioner asking her

to show cause why action should not be taken against her. He

submitted that the Disciplinary Authority will hear her and

consider all her objections made against Ext.P29(b), and only

thereafter will any final decision be taken. He reiteratingly

contended that until any action has been taken on Ext.P29(b), a

challenge to it by the petitioner at this stage is untenable.

4. I must say that there is great force in the afore WP(C) NO. 35736 OF 2022

submissions of Sri.Deepu Thankan because, until any action is

taken by the Disciplinary Authority on Ext.P29(b) enquiry report

and until the petitioner is found liable to be mulcted with

penalty, I do not see how she obtains cause of action to file this

writ petition.

5. That apart, the petitioner has several levels of statutory

remedies available to her, even if the Disciplinary Authority is to

find against her; and for that reason also, I cannot find this writ

petition to be maintainable.

6. Resultantly, without entering into the merits of any of

the rival contentions, I close this writ petition; however

recording the submissions of Sri.Deepu Thankan that any action

based on Ext.P29(b) enquiry report will be taken by the

Disciplinary Authority only after the written explanation of the

petitioner, namely Ext.P30, is properly considered and after she

is afforded an opportunity of being heard, for which purpose, a

fresh notice will be issued to her.

So as to ensure that the petitioner will have no

grievance regarding the propriety of the proceedings, I give

her an opportunity to make a further explanation in addition

to Ext.P30 within a period of three weeks from now; and the WP(C) NO. 35736 OF 2022

same will also be treated as part of her explanations, while

the afore directions are complied with.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 35736 OF 2022

APPENDIX OF WP(C) 35736/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LEAVE APPLICATION DATED 02/04/2018 ALONG WITH MEDICAL CERTIFICATE.

Exhibit P2 TRUE COPY OF DISTRIBUTION REGISTER OF 3RD RESPONDENT, ALONG WITH MEDICAL LEAVE DATED 02/04/2018.

Exhibit P3 TRUE COPY OF THE PETITIONER'S LEAVE APPLICATION DATED 07/05/2018 ALONG WITH MEDICAL CERTIFICATE.

Exhibit P4 TRUE COPY OF THE DISTRIBUTION REGISTER OF THE 3RD RESPONDENT ON 15/05/2018 VIDE ENTRY NUMBER 3014.

Exhibit P5 TRUE COPY OF LETTER PLI/2917/18/GVR OF 3RD RESPONDENT ADDRESSED TO THE PETITIONER REQUESTING TO REJOIN THE SERVICE WITH EFFECT FROM 31/05/2018.

Exhibit P6 A TRUE COPY OF THE REPLY TO THE 3RD RESPONDENT DATED 29/05/2018.

Exhibit P6 B TRUE COPY OF THE MEDICAL CERTIFICATE SUBMITTED TO THE 3RD RESPONDENT ALONG WITH THE REPLY DATED 29/05/2018.

Exhibit P6 C TRUE COPY OF THE FITNESS CERTIFICATE SUBMITTED TO THE 3RD RESPONDENT ALONG WITH THE REPLY DATED 29/05/2018.

Exhibit P7 TRUE COPY OF THE DISTRIBUTION REGISTER OF THE 3RD RESPONDENT DATED 31/05/2018.

Exhibit P8 TRUE COPY OF COMMUNICATION DATED 27/07/2017 ISSUED BY THE DISTRICT TRANSPORT OFFICER, GURUVAYOOR TO THE WP(C) NO. 35736 OF 2022

PERSONNEL OFFICER, PL DEPARTMENT, KSRTC, THIRUVANANTHAPURAM.

Exhibit P9 A TRUE COPY OF THE LETTER DATED 11/08/2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 B TRUE COPY OF THE MEMO VLC1-007765/2018 DATED 12/07/2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE DETAILED REPLY SUBMITTED BY THE PETITIONER DATED 29/08/2018.

Exhibit P11 A TRUE COPY OF LETTER DATED 28/09/2019/GVR ISSUED BY THE 3RD RESPONDENT.

Exhibit P11 B TRUE COPY OF LETTER DATED 02/09/2019 ISSUED BY 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE ASSISTANT TRANSPORT OFFICER, KSRTC, GURUVAYOOR DATED 09/10/2019.

Exhibit P13 A TRUE COPY OF THE COVERING LETTER TO THE 3RD RESPONDENT DATED 28/10/2019.

Exhibit P13 B TRUE COPY OF THE MEDICAL CERTIFICATE RECEIVED FROM THE MEDICAL BOARD DATED 22/10/2019.

Exhibit P14 TRUE COPY OF THE LETTER DATED 27/01/2020 ISSUED FROM OFFICE OF THE ASST./DIST. TRANSPORT OFFICER, GURUVAYOOR.

Exhibit P15 TRUE COPY OF THE REPLY DATED 31/01/2020 SUBMITTED BY THE PETITIONER TO THE ASST. TRANSPORT OFFICER, GURUVAYOOR.

Exhibit P16 TRUE COPY OF THE COVERING LETTER VIDE LETTER NO. PL1/257/20/GVR DATED WP(C) NO. 35736 OF 2022

03/02/2020.

Exhibit P17 TRUE COPY OF THE RIGHT TO INFORMATION ACT ASKED BY THE PETITIONER DATED 04/12/2020 ADDRESSED TO THE 3RD RESPONDENT.

Exhibit P18 TRUE COPY OF THE LETTER FROM THE 3RD RESPONDENT VIDE LETTER NO.

GL/3015/2020/GVR DATED 11/01/2021.

Exhibit P19 TRUE COPY OF THE CHARGE SHEET DATED 05/05/2021.

Exhibit P20 TRUE COPY OF THE REPLY DATED 28/06/2021 SUBMITTED BY THE THE PETITIONER TO THE EXECUTIVE DIRECTOR (VIGILANCE), KSRTC, CHIEF OFFICE, THIRUVANANTHAPURAM.

Exhibit P21 A TRUE COPY OF THE LETTER D1/3194/21/GVR DATED 16/10/2021 ISSUED BY DISTRICT TRANSPORT OFFICER, PALAKKAD .

Exhibit P21 B TRUE COPY OF THE LETTER GL2-979/PLKD/2021 DATED 13/10/2021.

Exhibit P22 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 26/10/2021 BEFORE THE DISTRICT TRANSPORT OFFICER.

Exhibit P23 A TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT MADE BY THE PETITIONER DATED 21/12/2021.

Exhibit P23 B TRUE COPY OF THE REPLY UNDER RTI DATED 13/01/2022.

Exhibit P24 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE APPELLATE AUTHORITY, RTI, KSRTC DATED 07/02/2022.

Exhibit P25 TRUE COPY OF THE LETTER ISSUED FROM OFFICE OF THE CHAIRMAN & MANAGING WP(C) NO. 35736 OF 2022

DIRECTOR, DATED 08/02/2022.

Exhibit P26 TRUE COPY OF THE ORDER ISSUED FROM THE ADMINISTRATIVE OFFICER, DATED 30/03/2022.

Exhibit P27 TRUE COPY OF THE PETITIONER'S RTI APPLICATION DATED 05/04/2022.

Exhibit P28 TRUE COPY OF THE LETTER DATED 16/05/2022.

Exhibit P29 A TRUE COPY OF THE LETTER VLC1-7765/18 (A& V) DATED 01/08/2022.

Exhibit P29 B TRUE COPY OF THE ENQUIRY REPORT DATED 03/08/2021.

Exhibit P30 TRUE COPY OF THE PETITIONER'S REPLY DATED 16/08/2022.