T.Surendran vs The Kerala State Road Transport ...
2024 Latest Caselaw 10968 Ker

Kerala High Court

T.Surendran vs The Kerala State Road Transport ... on 12 April, 2024

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE BASANT BALAJI

    FRIDAY, THE 12TH DAY OF APRIL    2024 / 23RD CHAITHRA, 1946

                        WP(C) NO. 15448 OF 2024

PETITIONER/S:

          T.SURENDRAN
          AGED 55 YEARS
          S/O KUNJUKUNJU, AGED 55 YEARS, RESIDING AT
          THOTTADACHARUVIL, PENNUKKARA P.O., CHENGANNUR,
          ALAPPUZHA DISTRICT, PIN - 689520

          BY ADVS.
          ANANDA RAJAN.N
          C.V.MILTON
          ASHOKA KUMAR


RESPONDENT/S:

    1     THE KERALA STATE ROAD TRANSPORT CORPORATION
          REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
          BHAVAN, FORT. P.O, THIRUVANANTHAPURAM,, PIN - 695023

    2     THE MANAGING DIRECTOR
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023

    3     THE EXECUTIVE DIRECTOR (VIGILANCE),
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023

    4     THE ASSISTANT TRANSPORT OFFICER
          KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVALLA
          DEPOT, PATHANAMTHITTA DISTRICT, PIN - 689101

OTHER PRESENT:
           SC SRI. DEEPU THANKAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING
                                                       2

WPC. No. 15448/2024




                                               JUDGMENT

(Dated: 12th April, 2024)

The petitioner has approached this court seeking the following

reliefs:

a) to issue a Writ of Certiorari calling for the records of the case leading to Ext. P8 order removing the petitioner from the service of the Corporation and to set aside the same,

b) to issue a Writ of Mandamus or any other appropriate writ, order direction directing the respondents to reinstate the petitioner in service with continuity of service and back wages, or

c) in the alternative, issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to consider and dispose of Ext. P10 Appeal with notice to the petitioner within such time frame as fixed by this Hon'ble Court considering the normal retirement date of the petitioner on 31/05/2024;

d) to dispense with the filing of the translation of vernacular documents produced in this Writ Petition (C).

e) to grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost.

2. The petitioner was a conductor of the Kerala State Road

Transport Corporation (for short KSRTC). Disciplinary proceedings were

initiated against the petitioner and Ext.P8 order was passed removing him

from service. Aggrieved by the said order of removal, the petitioner filed

Ext.P10 appeal dated 11.12.2023 before the 2 nd respondent/Managing

Director of the KSRTC.

3. The counsel for the petitioner seeks a time-bound disposal of

Ext.P10.

4. Heard Sri.Ananda Rajan .N, learned counsel for the petitioner

as well as the standing counsel for the respondents.

Since Ext.P10 is pending consideration before the 2 nd respondent, I

dispose of this writ petition directing the 2 nd respondent to consider and

pass orders in Ext.P10 within a period of two month from the date of

receipt of a copy of the judgment.

The writ petition is disposed of.

Sd/-

BASANT BALAJI, JUDGE ss

APPENDIX OF WP(C) 15448/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER NO.

A&VC3/001179/2023 DATED 13/01/2023 SERVED ON THE PETITIONER

Exhibit P2 TRUE COPY OF THE CHARGE SHEET NO. A&VC3/001179/2023 DATED 23/01/2023

Exhibit P3 TRUE COPY OF WRITTEN STATEMENT OF DEFENCE DATED 20/04/2023 FILED BY THE PETITIONER TO EXT. P2 CHARGE SHEET

Exhibit P4 TRUE COPY OF THE ENQUIRY REPORT OF THE ENQUIRY OFFICER DATED 22/04/2023

Exhibit P5 TRUE COPY OF THE OBJECTION STATEMENT DATED 09/05/2023 FILED BY THE PETITIONER ON THE EXT. P4 ENQUIRY REPORT

Exhibit P6 TRUE COPY OF THE SHOW CAUSE NOTICE NO.

A&VC3/001179/2023 DATED 18/05/2023

Exhibit P7 TRUE COPY OF THE REPLY DATED 24/05/2023 TO EXT. P6 SHOW CAUSE NOTICE

Exhibit P8 TRUE COPY OF THE ORDER NO. A&VC3/001179/ 2023 DATED 30/05/2023

Exhibit P9 TRUE COPY OF THE NOTE NO. EDV/017232 DATED 05/01/2023 SUBMITTED TO THE CHAIRMAN AND MANAGING DIRECTOR

Exhibit P10 TRUE COPY OF THE APPEAL DATED 11/12/2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE PROOF OF DELIVERY CARD