Petitioner filed contempt for non-compliance of June 2017 judgment. Court found directives complied belatedly but closed case without proceeding further due to work volume.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940
Con.Case(C).No. 1402 of 2018 IN WP(C). 1887/2017
AGAINST THE JUDGMENT IN WPC 1887/2017 of HIGH COURT OF KERALA DATED 02-08-2017
PETITIONER/S:
DEEPAK U.NAIR, AGED 42 YEARS, S/O.UNNIKRISHNAN NAIR, NEDIYATHAPPILLIL HOUSE, MULAKULAM SOUTH P.O.,KOTTAYAM DISTRICT, PIN-686 610.
BY ADV. SRI.DEEPAK U.NAIR (PARTY-IN-PERSON)
RESPONDENT/S:
1 K.S.GOPAKUMAR, AGED 54 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE DIRECTOR (VIGILANCE),KSRTC, TRANSPORT BHAVAN, THIRUVANANTHAPURAM,PIN-695 023.
2 K.R.AJEESHKUMAR, AGED 45 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASSISTANT TRANSPORT OFFICER,KSRTC, KOTTARAKKARA, PIN-691 023.
***[REMOVED] [RESPONDENT NO.3 IS REMOVED AS PER THE ORDER DATED 12/07/2018 IN IA.511/2018 IN COC 1402/2018.]**
Con.Case(C).No. 1402 of 2018 IN WP(C). 1887/2017 2
THIRUVANANTHAPURAM-695023
*ADDL R4 IS IMPLEADED AS PER ORDER DTD 22/2/19 IN IA 1/19 IN COC 1402/18
**ADDL.R5 IS IMPLEADED AS PER ORDER DATED 22.02.2019 IN I.A. NO.1/19 IN COC 1402/2018.
BY ADV.
SHRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION - KSRTC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 1402 of 2018 IN WP(C). 1887/2017 3
JUDGMENT
This contempt of court case is filed by the petitioner complaining that the directives contained
in the judgment dated 02.08.2017, is not complied with.
that the directives contained in the judgment to finalize the enquiry proceedings has attained a logical conclusion and finality, evident from Annexures R3(a) to R3(h).
proceedings were dropped, petitioner could not prove his innocence. However, from the documents produced,
I find that, in one of the cases, wherein the disciplinary authority has dismissed the petitioner in the appeal, the appellate authority has interfered with the said order and has modified the order to
compulsory retirement. It was thereupon that, all further enquiry proceedings against the petitioner was dropped.
Con.Case(C).No. 1402 of 2018 IN WP(C). 1887/2017 4 opinion that the directions in the judgment are complied with, however, belatedly. 5. But, in view of the passage of the order and taking into account the volume of work undertaken by the respondent, I do not propose to proceed with the Contempt of Court case any further.
advised so.
Sd/SHAJI P.CHALY
JUDGE
uu 14.03.2019
Con.Case(C).No. 1402 of 2018 IN WP(C). 1887/2017 5
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A TRUE COPY OF THE JUDGMENT IN WP(C) NO.1887/2017 DATED 2.8.2017. RESPONDENT'S ANNEXURES:-
ANNEXURE R3(a) TRUE COPY OF THE SAID PROCEEDINGS NO. VLES010330/12 DATED 28.11.2018 ANNEXURE R3(b) TRUE COPY OF THE SAID PROCEEDINGS NO. VLES021997/10 DATED 24.7.2018 ANNEXURE R3(c) TRUE COPY OF THE SAID PROCEEDINGS NO VELS-017129/13 DATED 28.11.2018 ANNEXURE R3(d) TRUE COPY OF THE SAID PROCEEDINGS NO. D.DIS.2035/15APL DATED 13.11.2017 ANNEXURE R3(e) TRUE COPY OF THE SAID PROCEEDINGS NO. D.DIS 2633/17/APL DATED 13.11.2017 ANNEXURE R3(f) TRUE COPY OF THE SAID PROCEEDINGS NO. D.DIS 2036/15/APL DATED 13.11.2017 ANNEXURE R3(g) TRUE COPY OF THE SAID PROCEEDINGS VLE5-015033/15 DATED 24.07.2018 ANNEXURE R3(h) TRUE COPY OF THE SAID PROCEEDINGS NO D.DIS2621/17/APL DATED 13.11.2017 //TRUE COPY//
P.A. TO JUDGE
DEEPAK U.NAIR
K.S.GOPAKUMAR
K.R.AJEESHKUMAR
THE KERALA STATE ROAD TRANSPORT CORPORATION
SHAJI P.CHALY
As recorded by the court registry
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