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