The court held that an administrative transfer order under administrative contingency, alleged to violate the KSRTC Manual, required the Managing Director to show cause within three weeks.
Chairman and Managing Director to consider the petition and pass orders within three weeks; if not relieved, petitioner must be retained at Kattakkada.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 15TH DAY OF MARCH 2017/24TH PHALGUNA, 1938
WP(C).No. 8318 of 2017 (L)
PETITIONER(S):
AJAYAKUMAR V., S/O.VASUDEVAN CONDUCTOR-IIND GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, KATTAKADA DEPOST, THIRUVANANTHAPURAM.
BY ADV. SRI.R.GOPAN
RESPONDENT(S):
1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
2. THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT, THIRUVANANTHAPU,RAM - 695 023
3. THE EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023
4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KATTAKADA DEPOT, THIRUVANANTHAPURAM - 695 023.
BY SHRI.T.P SAJAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 8318 of 2017 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 PHOTOCOPY OF THE RELEVANT PAGES OF THE KSRTC MANUEL CLAUSE 40(A) EXT.P2 PHOTOCOPY OF THE ORDER NO.PL.11/00113/17 DATED 3/3/2017 ISSUED BY THE 2ND RESPONDENT WITH TYPED COPY OF THE ORDER
EXT.P3 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 6/3/2017
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
= = = = = = = = = = = = = = = = = W.P.(C) No. 8318 of 2017
- - - - - - -- - - - - - - - - - - - - - Dated this the 15th day of March, 2017
J U D G M E N T
This writ petition is filed challenging Ext.P2
Memorandum, alleging misconduct as against the petitioner. Ext.P2 also states that the petitioner is transferred from Kattakkada Depot to Guruvayur on administrative contingency.
the learned Standing Counsel appearing for the respondents.
W.P.(C) No. 8318 of 2017
-: 2 :-
consider and pass orders within a period of three weeks from the date of receipt of a copy of this judgment. In case, the petitioner has not been relieved from Kattakkada in pursuance to Ext.P2, the petitioner shall be retained at Kattakkada, until orders passed on Ext.P3.
Writ petition is ordered accordingly.
Sd/- ANU SIVARAMAN,
JUDGE
DST
//True copy// P.A. To Judge
2 issues framed by the court
Whether the administrative transfer order violates the KSRTC Manual.
Whether the Managing Director afforded sufficient opportunity to show cause regarding the transfer difficulties.
Ajayakumar V.
Kerala State Road Transport Corporation
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
