Disposed

K.K.Abdul Azeez v. the Kerala State Road Transport Corporation

Kerala HC27 May 2014WP(C)/5784/2014

Case brief

AI extract

What is this about?

The petitioner, a transport driver, was suspended and implicated in a criminal case but released on bail. He sought revocation of suspension. The Court directed the respondent to review his request and decide within two months. The writ petition was disposed of accordingly.

What did the court decide?

Directed the second respondent to consider the petitioner request to revoke suspension and decide within two months, affording hearing if necessary.

K.K.Abdul Azeez Vs the Kerala State Road Transport… — Service and Employment | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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TUESDAY, THE 27TH DAY OF MAY 2014/6TH JYAISHTA, 1936

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WP(C).No. 5784 of 2014 (W)

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PETITIONER(S):

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K.K.ABDUL AZEEZ, AGED 48 YEARS

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S/O MOOSAKUTTY, KANNANKUNNUMMEL HOUSE, KARADI THAMARASSERY P.O, KOZHIKODE DISTRICT

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BY ADV. SRI.C.R.SIVAKUMAR

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RESPONDENT(S):

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1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM 695003 REPRESENTED BY ITS MANAGING DIRECTOR

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2. THE CHIEF LAW OFFICER/EXECUTIVE DIRECTOR (VIGILANCE), THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM 695003

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3. THE DISTRICT TRANSPORT OFFICER, DISTRICT TRANSPORT OFFICE, KSRTC DEPOT, THAMARASSERY KOZHIKODE DISTRICT 673573

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BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5784 of 2014 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 16-11-2013 EXHIBITP2 TRUE COPY OF THE ORDER DATED 08-01-2014 IN CRL M.C NO 18/2014 EXHIBIT P3 TRUE COPY OF THE ORDER NO VLE5-002582/2014 DATED 04-01-2014 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION/ REPLY DATED 18-01-2014 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21-02-2014

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RESPONDENT(S)' EXHIBITS : NIL -----------------------

/TRUE COPY/

P. A. TO JUDGE

C.K. ABDUL REHIM, J.

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W.P.(C). No. 5784 of 2014

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--------------------------------------------------Dated this the 27^th day of May, 2014

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JUDGMENT

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The petitioner was placed under suspension while working as Driver in the 1^st respondent Corporation, by virtue of Ext.P3 order, for the reason that he was implicated as accused in a criminal case and got arrested and remanded. The order of suspension was issued on 04.01.2014. The petitioner submitted Ext.P5 request before the 2^nd respondent seeking to review/revoke the suspension on the basis that the petitioner was released on bail in Ext.P2 order passed by the Sessions Court, Kozhikode on 08.01.2014. Since Ext.P5 was not considered, this writ petition is filed.

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It is evident that the petitioner was implicated as accused in a criminal case and he was arrested and remanded in the said case. The investigation and trial of the case is yet to be finalised. Admittedly the petitioner

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was released on bail by virtue of orders issued by the Sessions Court. Under such circumstances whether the

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W.P.(C). No. 5784 of 2014

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-2-

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suspension can be revoked at this stage is a matter which need to be considered by the 2^nd respondent, in accordance with the statutory provisions dealing with the subject. It is for the 2^nd respondent to consider Ext.P5 and to take an appropriate decision thereon. Interest of justice will be achieved by directing the 2^nd respondent to consider Ext.P5 and to take an appropriate decision within a time limit.

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Therefore the writ petition is disposed of by directing the 2^nd respondent to consider Ext.P5 and to dispose of the same in accordance with law, if necessary after affording opportunity of personal hearing to the petitioner. A decision on Ext.P5 shall be taken at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.

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Sd/-

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C.K. ABDUL REHIM, JUDGE

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K.K.Abdul Azeez v. the Kerala State Road Transport Corporation

Case brief

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K.K.Abdul Azeez v. the Kerala State Road Transport Corporation

Case brief

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