The petitioner challenged a removal order due to unauthorized absence. The court permitted him to file an appeal to the employer within one month for reconsideration of his retirement status and pensionary benefits without total deprivation.
Petitioner directed to appeal to Managing Director of KSRTC within one month; reconsideration ordered within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931
WP(C).No. 1593 of 2004(M)
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PETITIONER(S):
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C.P. SHAIK HASSAN, (DRIVER, KOZHIKODE, RTD.ON 30.6.2000) AGED 58 YEARS, S/O. SHAIK DAVOOD, POOKATTUPARAMBU, EAST VELLIMADU KUNNU, MERRIKUNNU P.O., KOZHIKODE-12.
BY ADV. MR.K.P.RAJEEVAN
RESPONDENT(S):
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1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM.
2. EXECUTIVE DIRECTOR (VIGILANCE) K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM.
3. DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOZHIKODE.
R1 TO R3 BY ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO. 1593/2004-M
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE ORDR NO.R-DIS. PLA5/33218/89 DATED 21/06/1989 SANCTIONING EXTENSION OF LEAVE TO THE PETITIONER FOR FIVE YEARS W.E.F.08/06/1989.
EXT.P2: COPY OF THE ORDER NO.L.DIS.PLA5-60768/90 DATED 23/10/1990.
EXT.P3: COPY OF THE RELIEVING ORDER NO.E4-3268/99/KKD DATED 23/06/2000.
EXT.P4: COPY OF THE SHOW CAUSE NOTICE NO.VLE2-010763/96 DATED 28/03/2003 WITH COPY OF ENQUIRY REPORT.
EXT.P5: COPY OF THE EXPLANATION DATED 30/04/2003 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
Rs/
THOTTATHIL B RADHAKRISHNAN, J
........................................... WP(C).NO. 1593 OF 2004 ............................................
DATED THIS THE 2nd DAY OF JUNE, 2009
JUDGMENT
The petitioner entered service of KSRTC on 26.12.1975. On charges of dereliction of duty of having been unauthorisedly absent from 25.2.1995, an enquiry was instituted against him and he was found guilty of unauthorised absence as per Ext.P4 report dated 10.12.2002. However, the petitioner has a case that the enquiry commenced only after he was permitted to retire on superannuation on 30.6.2000. Going by the materials, the petitioner admits having availed 5 years leave under Appendix XIIA of Kerala Service Rules. But having reported back for duty, without enjoying the entire leave, though he returned after three years and rejoined duty, he attempted to avail and enjoy the unavailed leave of two years which had earlier been granted. Hoping that he would be permitted to avail that leave, he proceeded abroad. Needless to say, this was in clear violation of the service rules. But the gravity of the situation may also need to be considered from the angle of a person belonging to the
WP(C) 1593/2004 2
cadre of drivers in whose favour there was already an order granting five years leave, a portion of which (two years) remained unavailed.
submits an appeal to the Managing Director of KSRTC against the penality imposed on him within a period of one month from now, that will be considered and disposed of in accordance with law,
WP(C) 1593/2004
3
after giving the petitioner an opportunity of being heard. Let this be done within a further period of four months from the date of receipt of a copy of this judgment and a copy of the representation as afore-directed. No costs.
THOTTATHIL B RADHAKRISHNAN, JUDGE
lgk/3/6
C.P. Shaik Hassan
Kerala State Road Transport Corporation
Thottathil B. Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
