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M L Binu vs The Chief Managing Director/ Chairman
2024 Latest Caselaw 30700 Ker

Citation : 2024 Latest Caselaw 30700 Ker
Judgement Date : 30 October, 2024

Kerala High Court

M L Binu vs The Chief Managing Director/ Chairman on 30 October, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                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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