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Vijayan Pillai vs The Kerala State Transport Corporation ...
2024 Latest Caselaw 30426 Ker

Citation : 2024 Latest Caselaw 30426 Ker
Judgement Date : 25 October, 2024

Kerala High Court

Vijayan Pillai vs The Kerala State Transport Corporation ... on 25 October, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                         2024:KER:79694
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

         FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                           WP(C) NO. 36730 OF 2024


PETITIONER:

              VIJAYAN PILLAI
              AGED 52 YEARS
              S/O BALAN PILLAI,CONDUCTOR KSRTC HARIPAD UNIT, NOW UNDER
              ORDERS OF TRANSFER TO KASARGODE (RESIDING AT MEENATHIL,
              PUTHIYAVILA PO, KAYAMKULAM, PIN - 690 531.

              BY ADVS.
                   DINOOP P.D.
                   M.R.SUDHEENDRAN
                   RICHU HANNA RANJITH

RESPONDENTS:

     1        THE KERALA STATE TRANSPORT CORPORATION REPRESENTED BY
              ITS CHAIRMAN & MANAGING DIRECTOR
              KSRTC, HEAD OFFICE, TRANSPORT BHAVAN, FORT P.O,
              TRIVANDRUM, PIN - 695 001.

     2        EXECUTIVE DIRECTOR (ADMINISTRATION) KSRTC
              KSRTC, HEAD OFFICE, TRANSPORT BHAVAN, FORT P.O,
              TRIVANDRUM, PIN - 695 001.

     3        THE UNIT OFFICER, KSRTC
              HARIPAD DEPOT, PIN - 609 514.



              BY ADV. DEEPU THANKAN, STANDING COUNSEL.


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36730 OF 2024

                                : 2 :

                                                   2024:KER:79694


                             JUDGMENT

The petitioner is working as Conductor in the

Kerala State Road Transport Corporation Limited

(KSRTC). By Ext.P1, he has been transferred from

Haripad Depot to Kasargod Depot. The petitioner states

that though it has been stated in Ext.P1 that the

transfer is on administrative grounds, the order refers to

a vigilance note dated 03.10.2024 which goes to show

that the transfer order has been passed by way of

punishment. It is further contended that without

initiating disciplinary proceedings, no punishment can

be imposed on the petitioner. Against Ext.P1 order, the

petitioner has submitted Ext.P2 representation before the

1st respondent.

2. Heard the learned Counsel for the petitioner WP(C) NO. 36730 OF 2024

2024:KER:79694

and the learned Standing Counsel for the respondents.

Since the petitioner has preferred Ext.P2

representation before the Chairman and Managing

Director against the order of transfer, there will be a

direction to the 2nd respondent to consider Ext.P2

representation after hearing the petitioner in accordance

with law, as expeditiously as possible, at any rate,

within a period of six weeks from the date of receipt of

a copy of this judgment. It will be open to the

petitioner to submit additional/ supplementary

representation, if so advised.

The writ petition is disposed of with the above

directions. Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO. 36730 OF 2024

2024:KER:79694

APPENDIX OF WP(C) 36730/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM DATED 10/10/2024 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 15/10/2024.

 
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