Kerala High Court
Suresh Kumar.K vs Kerala State Road Transport ... on 1 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 33684 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA,
1946
WP(C) NO. 33684 OF 2024
PETITIONER:
SURESH KUMAR.K, AGED 61 YEARS
(RETIRED DRIVER FROM KSRTC)
S/O KARUNAKARAN, MELEPATTA VILAKATHU PUTHEN
VEEDU, AMARAVILA PO, THIRUVANANTHAPURAM., PIN
- 695122
BY ADV THIRUMALA P.K.MANI
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
KERALA., PIN - 695023
2 DISTRICT TRANSPORT OFFICER
MINI CIVIL STATION, NEYYATTINKARA,
KATTAKKADA RD, ALUMMOODU,
NEYYATTINKARA, KERALA., PIN - 695121
3 ASSISTANT TRANSPORT OFFICER
MINI CIVIL STATION, NEYYATTINKARA, KATTAKKADA
RD, ALUMMOODU, NEYYATTINKARA, KERALA., PIN -
695121
4 ASSISTANT TRANSPORT OFFICER
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(INVESTIGATING OFFICER) DISTRICT TRANSPORT
OFFICE, VIZHINJAM, THIRUVANANTHAPURAM,
KERALA., PIN - 695042
5 EXECUTIVE DIRECTOR
(VIGILANCE) KERALA STATE ROAD TRANSPORT
CORPORATION, THIRUVANANTHAPURAM, KERALA., PIN
- 695023
BY ADV DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME BEEN
FINALLY HEARD ON 01.11.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner retired from the service of
the Kerala State Road Transport Corporation
(KSRTC) as Driver on 31.05.2019. While in
service of the K.S.R.T.C, he was placed under
suspension by Ext. P4 order, pending enquiry.
The enquiry culminated in Ext. P9 order dated
04.10.2019 of the 5th respondent, the Executive
Director (Vigilance) imposing punishment of
temporary withholding of increments for a period
of three months. The period of his suspension
was directed to be treated as Leave Without
Allowance. Since the petitioner has already
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retired from service, it was ordered that the
monetary value equivalent to the amount of
increments withheld shall be recovered from his
Death cum Retirement Gratuity. Challenging
Ext.P9 order, the petitioner has filed this writ
petition.
2. The learned Standing Counsel for the
respondent Corporation submits that Ext. P9 is
an order appealable under Rule 23 of the Kerala
Civil Services (Classification, Control and Appeal)
Rules, 1960 (hereinafter referred to as 'the
Rules' for short). It is also pointed out that under
Rule 25 of the Rules, an appeal has to be
preferred within a period of two months.
3. The learned counsel for the petitioner
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submits that Rule 25 of the Rules provides for
condonation of delay, if sufficient cause is shown.
4. Since an appellate remedy is available
against Ext. P9 order, there will be a direction to
the petitioner to prefer an appeal before the 1 st
respondent within 3 weeks from the date of
receipt of a copy of this judgment. It will be open
to the petitioner to file separate application for
condonation of delay in terms of Rule 25 of the
Rules. In case the petitioner prefers such an
appeal, the 1st respondent shall consider and
dispose of the same, in accordance with law, as
expeditiously as possible, at any rate, within a
period of two months from the date of its receipt.
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The writ petition is disposed of with the
above direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE MEMORANDUM DATED
12.06.2009 ENGAGING THE PETITIONER AS
DAILY WAGES DRIVER ISSUED BY THE 1ST
RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF THE MEMORANDUM DATED
17.08.2010 APPOINTING THE PETITIONER AS
A RESERVED DRIVER.
Exhibit P3 TRUE COPY OF THE MEMORANDUM DATED
14.09.2011 ABSORBING THE PETITIONER TO
THE REGULAR ESTABLISHMENT ISSUED BY THE
2ND RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER DATED
07.06.2017 SUSPENDING THE PETITIONER.
Exhibit P5 TRUE PHOTOCOPY OF THE CHARGE MEMO DATED
03.08.2017 ISSUED BY THE 5TH RESPONDENT
AND SERVED TO THE PETITIONER.
Exhibit P6 TRUE PHOTOCOPY OF THE MEMO DATED
16.03.2019 ISSUED BY THE 4TH RESPONDENT
DIRECTING THE PETITIONER TO PARTICIPATE
IN THE ENQUIRY.
Exhibit P7 TRUE PHOTOCOPY OF THE EXPLANATION
OFFERED BY THE PETITIONER DATED
29.01.2019 TO THE CONTROLLING INSPECTOR.
Exhibit P8 TRUE PHOTOCOPY OF THE INQUIRY REPORT
DATED 05.03.2019 SUBMITTED BY THE 4TH
RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P9 TRUE PHOTOCOPY OF THE ORDER DATED
04.10.2019 ISSUED BY THE 5TH RESPONDENT
IMPOSING PUNISHMENT UPON THE PETITIONER
