Mujeeb Rahman vs Kerala State Road Transport ...
2024 Latest Caselaw 15780 Ker

Kerala High Court

Mujeeb Rahman vs Kerala State Road Transport ... on 6 June, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                  THE HONOURABLE MR.JUSTICE BASANT BALAJI

         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

                           WP(C) NO. 20355 OF 2024

PETITIONER/S:

                MUJEEB RAHMAN,
                AGED 45 YEARS, S/O MUHAMMED, PERUKKADAN HOUSE,
                THIROORKAD,PO, BEHIND ORPHANAGE, PARAMMAL ROAD,
                MALAPPURAM, PIN - 679321
                BY ADVS. V.PREMCHAND HALIYA T.P. MAHADEV M.J.

RESPONDENT/S:

     1          KERALA STATE ROAD TRANSPORT CORPORATION,
                REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
                TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM.,
                PIN - 695023
     2          CHAIRMAN AND MANAGING DIRECTOR,
                KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
                BHAVAN, FORT P.O,THIRUVANANTHAPURAM- 695 023., PIN -
                695023
     3          THE EXECUTIVE DIRECTOR, (ADMINISTRATION & VIGILANCE)
                KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
                BHAVAN, FORT P.O., THIRUVANANTHAPURAM., PIN - 695023

OTHER PRESENT:

                SC SRI. DEEPU THANKAN

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) 20355/2024
                                 -2-




                             JUDGMENT

(Dated this the 6th day of June, 2024)

The petitioner is working as a Driver Grade-I, in the

Kerala State Road Transport Corporation. He entered service in

the year 2008. While working as Driver in the Ponnani unit, on

27.11.2017, the bus in which the petitioner was driving hit a

scooter bearing registration No.KL-11BB/9978 and as a result, a

woman and a child succumbed to injuries. The petitioner was

placed under suspension, and an FIR was registered. The case

was tried by the Special Judicial First Class Magistrate (Marad

cases), Kozhikode in C.C No.306/2018 and he was acquitted of

all the charges levelled against him as per judgment dated

22.02.2022, produced as Ext.P1.

2. A disciplinary enquiry was ordered against the

petitioner, and Ext.P2 is the order passed based on the findings WP(C) 20355/2024

of the disciplinary enquiry, by which, a punishment of censure

was impossed on the petitioner. Against Ext.P2, the petitioner

filed an appeal as Ext.P3 before the 2nd respondent on

12.12.2023. The petitioner seeks disposal of Ext.P3 within a

time frame.

3. Heard the counsel for the petitioner as well as the

Standing Counsel for Kerala State Road Transport Corporation.

4. Since the limited request of the petitioner is only for

disposal of Ext.P3 appeal pending before the 2nd respondent,

filed against Ext.P2, I deem it appropriate to direct the 2 nd

respondent to take up Ext.P3 and pass appropriate orders within

a period of three months from the date of receipt of a copy of

the judgment.

Writ petition is disposed of as above.

Sd/-

BASANT BALAJI JUDGE

JS WP(C) 20355/2024

APPENDIX OF WP(C) 20355/2024

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE JUDGMENT DATED 22.02.2022 IN CC NO.306/2018 RENDERED BY THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE, (MARAD CASES), KOZHIKODE Exhibit-P2 A TRUE COPY OF THE ORDER DATED 07.01.2023 THE EXECUTIVE DIRECTOR, VIGILANCE Exhibit-P3 A TRUE COPY OF THE APPEAL DATED 12.12.2023 BEFORE THE 2ND RESPONDENT