Citation : 2024 Latest Caselaw 30700 Ker
Judgement Date : 30 October, 2024
2024:KER:80812
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 38176 OF 2024
PETITIONER:
M. L BINU
AGED 49 YEARS
S/O. LATE MADHAVAN, BINU BHAVAN,
MUNDTHOTTAM, PARASSUVAKKAL P.O.,
PARRASSALA, THIRUVANANTHAPURAM,
PIN - 695 508.
BY ADV M.R.SASITH
RESPONDENTS:
1 THE CHIEF MANAGING DIRECTOR/CHAIRMAN
KERALA STATE ROAD TRANSPORT CORPORATION,
OFFICE OF MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT, TRIVANDRUM,
KERALA, PIN - 695 023.
2 PRINCIPAL SECRETARY
TRANSPORT DEPARTMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
3 JOINT REGIONAL TRANSPORT OFFICER
3 KSRTC MINI CIVIL STATION, PARASSALA,
TRIVANDRUM, PIN - 695 502.
4 SUPERINTENDENT OF POLICE
OFFICE OF THE DISTRICT POLICE CHIEF,
TRIVANDRUM RURAL POLICE, TRIVANDRUM
PIN - 695 010.
5 DEPUTY GENERAL OF POLICE,
STATE POLICE HEADQUARTERS,
VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695 010.
6 THE SUB-INSPECTOR OF POLICE
POZHIYOOR POLICE STATION,
POZHIYOOR P.O.,
2024:KER:80812
WP(C) NO.38176 OF 2024
2
THIRUVANANTHAPURAM,
PIN - 695 513.
7 THE INSPECTOR
SSQ-1, TVPM-CL, KSRTC,
TRIVANDRUM, PIN - 695 001.
SRI. DEEPU THANKAN - SC
SMT. MARY BEENA JOSEPH - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:80812
WP(C) NO.38176 OF 2024
3
JUDGMENT
The petitioner is working as a Driver in the
Kerala State Road Transport Corporation (KSRTC).
The bus which the petitioner was driving met with
an accident on 02.09.2024 and a case was
registered against the petitioner by the Pozhiyoor
Police alleging negligence and reckless driving by
the petitioner. Pursuant thereto, the petitioner
was placed under suspension by the Executive
Director of the KSRTC. Aggrieved by the order of
suspension, the petitioner preferred Ext.P1
representation before the 1st respondent, the
Chairman and Managing Director of KSRTC
requesting for cancellation of suspension and to
reinstate him in service. The limited prayer of the 2024:KER:80812 WP(C) NO.38176 OF 2024
petitioner at this stage is for a direction to the 1 st
respondent to consider and dispose of Ext.P1, as
expeditiously as possible.
2. Heard the learned counsel for the
petitioner and the learned Standing Counsel for
the KSRTC.
3. The petitioner has preferred Ext.P1
representation aggrieved by the order of
suspension. Rule 10(6) of the Kerala Civil
Services (Classification, Control and Appeal)
Rules, 1960 (for short, 'the Rules'), provides for
revocation of suspension by the authority who
passed the order of suspension. Rule 22 of the
Rules deals with appeal against the order of
suspension.
4. Since the petitioner has preferred Ext.P1
before the authority higher to the authority which 2024:KER:80812 WP(C) NO.38176 OF 2024
passed the order of suspension, there will be a
direction to the 1st respondent to consider Ext.P1
by treating the same as an appeal under Rule 22
of the Rules and pass orders thereon, as
expeditiously as possible, at any rate, within a
period of two months from the date of receipt of a
copy of this judgment.
The writ petition is disposed of with the
above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR 2024:KER:80812 WP(C) NO.38176 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED OCTOBER 1, 2024, SUBMITTED BEFORE THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
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