Shaji N S vs State Of Kerala
2024 Latest Caselaw 14502 Ker

Kerala High Court

Shaji N S vs State Of Kerala on 31 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
     FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                      WP(C) NO. 19719 OF 2024
        CRIME NO.1365/2022 OF Balaramapuram Police Station,
                         Thiruvananthapuram
PETITIONER:

           SHAJI N S
           AGED 50 YEARS
           S/O NORBERT, THIRUHRIDEYA MANDIRAM,
           KATTAKODE, KATTAKODE P.O,
           PERUMKULAM VILLAGE, PERUMKULAM DESOM,
           THIRUVANANTHAPURAM., PIN - 695013
           BY ADVS.
           VISHNU BHUVANENDRAN
           B.ANUSREE
           VARUN JACOB
           ABHILASH C.V.
           ADHARSH SREEKUMAR


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            TRANSPORT DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM- 695 001., PIN - 695001
    2       KERALA STATE ROAD TRANSPORT CORPORATION,
            TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM.
            REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695023
    3       EXECUTIVE DIRECTOR (VIGILANCE)
            KERALA STATE ROAD TRANSPORT CORPORATION, FORT,
            THIRUVANANTHAPURAM, PIN - 695023

            SRI. DEEPU THANKAN- SC, SMT. ANIMA M- GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
       WP(C) NO. 19719 OF 2024

                                              2


                                      JUDGMENT

1. Petitioner has filed this writ petition challenging Ext.P9 termination order.

2. The learned standing counsel for the 1 st respondent submits that the

petitioner has to got an alternate remedy before the Chairman and

Managing Director of the 2nd respondent.

3. In view of the alternate remedy and the factual disputes raised by the

petitioner, this Court is unable to adjudicate the issue.

4. This writ petition is dismissed giving liberty to the petitioner to challenge

Ext.P9 order before the appellate authority in accordance with law.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 19719 OF 2024

APPENDIX OF WP(C) 19719/2024

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT 24.01.2023.

Exhibit-P2 TRUE COPY OF THE REPLY LETTER DATED 14.02.2023.

Exhibit-P5 TRUE COPY OF THE ENQUIRY REPORT DATED 09.05.2023 OF THE 2ND RESPONDENT. Exhibit-P7 TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 19.07.2023 ISSUED BY THE 2ND RESPONDENT. Exhibit-P8 TRUE COPY OF THE WAY BILL RECEIPT DATED 01.12.2022 INDICATING THE NUMBER OF PASSENGERS IN PETITIONER'S BUS AT THE TIME OF ALLEGED INCIDENT.

Exhibit-P9 TRUE COPY OF THE TERMINATION LETTER ISSUED BY THE 2ND RESPONDENT DATED 22.02.2024