Kerala High Court
Sibi Chandran vs Kerala State Road Transport ... on 23 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:79031
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 37248 OF 2024
PETITIONER:
SIBI CHANDRAN,
AGED 45 YEARS
S/O. CHANDRAKHAN CONDUCTOR GR. 1 K.S.R.T.C. PALAKKAD
DEPO. RESIDING AT PUZHAKUNNATH HOUSE 14/514, KADUVAKAD,
KANNADI P. O , PALAKKAD, PIN - 678 701.
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,[ KSRTC ]
CHIEF OFFICE, THIRUVANANTHAPURAM REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR, PIN - 695 001.
2 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE EXECUTIVE DIRECTOR ( VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE TRANSPORT CORPORATION PALAKKAD DEPOT,
PALAKKAD, PIN - 678 001.
WP(C) NO. 37248 OF 2024 : 2 :
2024:KER:79031
5 THE STATION MASTER,
KERALA STATE TRANSPORT CORPORATION PALAKKAD DEPOT,
PALAKKAD, PIN - 678 001.
BY ADV. DEEPU THANKAN, STANDING COUNSEL.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37248 OF 2024 : 3 :
2024:KER:79031
JUDGMENT
The petitioner is a Conductor in the Kerala State
Road Transport Corporation (KSRTC). By Ext.P6 order
dated 16.10.2024, the petitioner has been placed under
suspension under Rule 10 of the Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960 (for
short, "K.C.S.(C.C.&A.) Rules") contemplating an
enquiry. The petitioner states that he has been
suspended on the basis of mistaken facts. The
petitioner has produced Ext.P5 medical certificate to
show that he was suffering from short febrile illness on
the day on which he is alleged to have attended duty
by consuming Alcohol. It is also stated that he was not
subjected to breath analyzer test on that date.
2024:KER:79031
Accordingly, the petitioner prays for setting aside the
order of suspension.
2. Ext.P6 order has been issued in contemplation
of an enquiry. Since the petitioner has a case that he
has been suspended on the basis of mistaken facts, it is
for him to make necessary application before the
authority who passed the order of suspension and seek
revocation of the same.
Accordingly, if the petitioner files an application
under Rule 10 (6) of the K.C.S.(C.C.&A.) Rules, the 3 rd
respondent, the Executive Director (Vigilance), shall
consider the same after hearing the petitioner, in
accordance with law, as expeditiously as possible, at
any rate, within a period of three weeks from the date
of receipt of such application. It will be open to the
2024:KER:79031
petitioner to submit the copy of the application directly
to the 3rd respondent, and the time shall run from the
date on which the 3rd respondent receives the
application.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:79031
APPENDIX OF WP(C) 37248/2024
PETITIONER'S EXHIBITS
EXHIBIT P 1 A TRUE COPY OF THE MEMORANDUM NO.
T.R.1/040730/2003 DATED 3.4.2024 ISSUED BY THE 2ND
RESPONDENT
.
EXHIBIT P 2 A TRUE COPY OF THE MANUAL RACK WAY BILL NO.
241009 DATED 7.10.2024.
EXHIBIT P 3 A TRUE COPY OF THE O.P. TICKET DATED 7.10.2024
AT 10 P.M. ISSUED BY THE DISTRICT HOSPITAL,
PALAKKAD.
EXHIBIT P 4 A TRUE COPY OF BLOOD REPORT DATED 7.10.2024
FROM THE INTEGRATED PUBLIC HEALTH
LABORATORY, DISTRICT HOSPITAL PALAKKAD.
EXHIBIT P 5 A TRUE COPY OF MEDICAL CERTIFICATE DATED
7.10.2024.
EXHIBIT P 6 A TRUE COPY OF THE ORDER NO.S001- A
V04/242/2024-VIG-KSRTC-HQ DATED 16.10.2024 ISSUED
BY THE 3RD RESPONDENT.
