Kerala High Court
Ibrahim Machil vs Managing Director on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5955 OF 2024
PETITIONER/S:
IBRAHIM MACHIL
AGED 55 YEARS
S/O. MUHAMMEDMACHIL, MACHIL HOUSE, KONOTT, P.O.
KARANTHOOR, KOZHIKODE, PIN - 673571
BY ADV C.K.SREEJITH
RESPONDENT/S:
1 MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
TRANSPORT BHAVAN, FORT, TRIVANDRUM, PIN - 695023
2 EXECUTIVE DIRECTOR (VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC) FORT,
TRIVANDRUM, PIN - 695023
3 DISTRICT TRANSPORT OFFICER , KSRTC, MALAPPURAM
DISTRICT, PIN - 676505
OTHER PRESENT:
SC SRI. DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5955 OF 2024
-2-
JUDGMENT
(Dated this the 15th day of February 2024)
The petitioner, while working as driver in KSRTC
Superfast bus, a crime was registered against him alleging
commission of offence punishable under Section 354 IPC by
Ext.P1. On the said allegation, the petitioner was suspended
by the Executive Director (Vigilance) as per Ext.P2. A
complaint was filed by the de facto complainant and notice
was issued by the enquiry officer and a enquiry report was
submitted by the officer. Thereafter, explanation was called
for from the petitioner as per Ext.P6.
2. The counsel for the petitioner submits that the
criminal complaint registered against the petitioner is
pending consideration before the JFCM Kunnamangalam. In
the meanwhile, the petitioner was served with Ext.P8 by
WP(C) NO. 5955 OF 2024
which he was removed from service. After receipt of the
termination order, the petitioner filed an appeal before the
1st respondent as Ext.P9. The petitioner seeks disposal of
Ext.P9 within a time frame, as his superannuation date is
on 31.05.2024.
Having heard the counsel for the petitioner as well as
the Standing Counsel for the respondent, I deem it
appropriate to direct the 1st respondent or any competent
person who is given charge or any person authorised by
him to take up Ext.P9 and pass appropriate orders within a
period of two months from the date of receipt of a copy of
the judgment.
Sd/-
BASANT BALAJI
JUDGE
JS
WP(C) NO. 5955 OF 2024
APPENDIX OF WP(C) 5955/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FIR IN CRIME NO. 401/2023 OF
KUNNAMANGALAM POLICE STATION DT. 24/5/2023
Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS NO.A&V6/007117/2023
OF 2ND RESPONDENTDT. 25/5/2023
Exhibit P3 THE TRUE COPY OF THE ORDER IN CMP NO. 3284/2023 ON
THE FILE OF JFCM KUNNAMANGALAM IN CRIME NO. 401/2023
OF KUNNAMANGALAM POLICE STATION DT. 24/5/2023
Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE DE-FACTO
COMPLAINANT
Exhibit P5 THE TRUE COPY OF THE REPORT FILED BY THE 3RD
RESPONDENT
Exhibit P6 THE TRUE COPY OF THE NOTICE DT. 23/10/2023
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE MINISTER FOR TRANSPORT
GOVERNMENT OF KERALA DT. 17/1/2024
Exhibit P8 THE TRUE COPY OF THE ORDER NO. AV6/007117/2023,DT.
23/12/2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P9 THE TRUE COPY OF THE APPEAL FILED BEFORE THE 1ST
RESPONDENT DT. 17/1/2024
