Disposed

Shaji P.K v. the Chairman and Managing Director

Kerala HC19 Dec 2018WP(C)/41336/2018

Case brief

AI extract

What is this about?

Single judge of Kerala High Court disposed of a writ petition by directing the appellate authority (Chairman and Managing Director, KSRTC) to consider the pending appeal against an order treating the petitioner's absence as leave without allowance, within one month, after affording him an opportunity of being heard.

What did the court decide?

Directed the 1st respondent to consider the pending appeal (Ext.P9) against Ext.P8 order within one month, after affording the petitioner an opportunity of hearing.

Shaji P.K Vs the Chairman and Managing Director — Pension and Retirement Benefits | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY, THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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WP(C).No. 41336 of 2018

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PETITIONER:

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SHAJI P.K., CONDUCTOR, K.S.R.T.C. KATTAPANA DEPOT, IDUKKI DISTRICT

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.MUHAMMED IBRAHIM ABDULSAMAD SRI.P.MOHANDAS SRI.SABU PULLAN SRI.S.K.ADHITHYAN SRI.S.VIBHEESHANAN

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RESPONDENTS:

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1 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023

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2 THE EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023

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3 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT, KOTTAYAM-686 001

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4 THE ASSISTANT TRASNPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KATTAPANA DEPOT, IDUKKI-685 508

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SRI T.P.SAJAN, STANDING COUNSEL, KERALA STATE ROAD TRANSPORT CORPORATION.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC 41336 OF 2018 2

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JUDGMENT

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The petitioner, who is working as conductor in Kattapana Depot of the Kerala State Road Transport Corporation, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P8 order dated 09.03.2018 of the 2^nd respondent, whereby, his period of absence from 26.04.2013 to the date of rejoining duty is ordered to be treated as leave without allowance, which will not qualify for any benefit. The petitioner has also sought for a writ of mandamus commanding the 1^st respondent to consider and pass appropriate orders on Ext.P9 appeal filed before the 1^st respondent Chairman and Managing Director of KSRTC against Ext.P8 order of the 2^nd respondent.

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Heard the learned counsel for the petitioner and also the learned Standing Counsel for KSRTC, representing respondents 1 and 4.

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Ext.P8 order passed by the 2^nd respondent is already under challenge in Ext.P9 appeal filed by the petitioner before the 1^st respondent. In such circumstances, the petitioner cannot challenge that order, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India. Therefore, the only

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WPC 41336 OF 2018 3

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relief that can be granted in this writ petition is an order directing the 1^st respondent appellate authority to consider and pass appropriate orders on Ext.P9 appeal, within a time limit to be specified.

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The learned Standing Counsel for KSRTC would submit that the 1^st respondent shall consider and pass appropriate orders on Ext.P9 appeal within a time limit to be specified by this Court.

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Having considered the submissions made by the learned

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counsel on both sides, this writ petition is disposed of by directing the 1^st respondent to consider and pass appropriate orders on Ext.P9 appeal filed by the petitioner, against Ext.P8 order, strictly in accordance with the law, with notice to the petitioner and after affording him an opportunity of being heard. Necessary orders in this regard shall be passed, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN JUDGE

WPC 41336 OF 2018

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF HE ENQUIRY REPORT ALONG WITH STATEMENT OF BINU XAVIER SUBMITTED BY THE ENQUIRY OFFICER K.S.R.T.C.KOTTAYAM DATED 10-06-2013 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 30.04.2013 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 2-5-2013 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 9-7-2013 EXHIBIT P5 TRUE COPY OF THE MEMO GIVEN TO THE PETITIONER BY THE DISTRICT TRANSPORT OFFICER, KOTTAYAM DATED 13.12.2017 EXHIBIT P6 TRUE COPY OF THE MEMO OF CHARGES GIVEN TO THE PETITIONER DATED 17-07-2017 EXHIBIT P7 TRUE COPY OF THE WRITTEN STATEMENT DEFENCE FILED BY THE PETITIONER DATED 29-07-2017 EXHIBIT P8 TRUE COPY OF THE ORDER NO.V.L.A1/14669/15 DATED 09.03.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 14.05.2018

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Shaji P.K v. the Chairman and Managing Director

Case brief

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Shaji P.K v. the Chairman and Managing Director

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