Petitioner challenged an order refusing re-enrollment after removal from the empanelled conductor list for a theft allegation without enquiry. The Court found no illegality or irrationality in the order and dismissed the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938
WP(C).No. 2307 of 2016 (K)
PETITIONER:
A.JERONE, N.P.BHAVAN, THATTARASSARY, VATTAVILA P.O, THIRUVANANTHAPURAM - 695 132.
BY ADV. SRI.S.VISHNU
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT (A)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE CHAIRMAN & MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN EAST FORT,
THIRUVANANTHAPURAM - 695 023.
3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VELLARADA DEPOT, VELLARADA - 695 505.
R1 BY SENIOR GOVERNMENT PLEADER SRI PAUL VARGHESE M R2-3 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 2307 of 2016 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
/TRUE COPY/
P.S.TO JUDGE
K.V.
SHAJI P. CHALY, J.
W.P.(C) No.2307 of 2016
Dated this the 17th day of August, 2016
JUDGMENT
Petitioner was recruited as an empanelled conductor through Employment Exchange on 20.12.2005. However, on 29.08.2013, on an allegation of non-issue of ticket for an amount of Rs.6/-, petitioner was removed from the empanelled list, without enquiry. Aggrieved by the same, petitioner represented to the 2nd respondent. Since no action was taken, representations were submitted through the office of the Chief Minister, which were also forwarded to the Managing Director of respondent Corporation on 18.08.2014 and 04.10.2014 respectively. Petitioner also filed a detailed representation on 02.12.2014, through registered post, before the 2nd respondent. Being aggrieved by the inaction, petitioner has secured Ext.P9 judgment from this Court in W.P.(C) No.3645 of 2015 dated 05.02.2015, wherein a direction was issued to consider Ext.P7 representation in the said writ petition, with notice to the petitioner, within one month from the date of
production of a copy of the judgment. Thereafter, 2nd
W.P.(C) No.2307 of 2016 2
respondent has passed Ext.P10 order refusing to re-enroll the petitioner in the list of empanelled conductors. It is thus challenging Ext.P10, petitioner has filed this writ petition. Petitioner has also produced Ext.P11 memorandum issued by the 2nd respondent in respect of another empanelled conductor wherein, one Balaraj S. was directed to be re-enrolled in the empanelled list.
Government Pleader and the learned Standing Counsel for the Corporation, perused the documents and pleadings.
giving pardon, petitioner was reinstated in service on humanitarian consideration. However, petitioner was not able to correct himself and it was pursuant to the same, the present action pertaining to this writ petition is initiated by the 2nd
3
W.P.(C) No.2307 of 2016
respondent. On a reading of Ext.P10, even though the order is a short and crisp one, same reveals that, entire aspects of the matter was considered by the 2nd respondent in terms of the representation submitted by the petitioner, and also in accordance with the directions issued by this Court as per Ext.P9 judgment.
Sequel to the above discussion is that writ petition fails, accordingly same is dismissed.
Sd/- SHAJI P. CHALY JUDGE
//true copy//
P.S. to Judge
St/17.08.2016
2 issues framed by the court
Whether any manner of interference is warranted in the impugned order refusing re-enrollment in the empanelled conductors' list.
Whether the petitioner has made out circumstances warranting interference of this Court exercising power of judicial review under Article 226.
A. Jerone
State of Kerala
Kerala State Road Transport Corporation
Assistant Transport Officer
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
