This writ petition challenging the suspension order of the petitioner, a KSRTC driver, is dismissed as withdrawn because he was reinstated in service prior to the hearing.
Writ petition dismissed as withdrawn, leaving legal and factual contentions open without prejudice to petitioner's rights.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941
WP(C).No.17054 of 2019
PETITIONER:
BABICHEN ANTONY, AGED 54 YEARS
S/O.ANTHONICHEN, PLAMOOTTIL HOUSE, MAMMOOD P.O., KOCHU ROAD, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN686536 (DRIVER AT K.S.R.T.C DEPOT, CHANGANACHERRY UNDER SUSPENSION).
BY ADVS.
SRI.M.P.MADHAVANKUTTY SRI.NAVEEN RADHAKRISHNAN
RESPONDENTS:
1 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANACHERRY DEPOT. KOTTAYAM, PIN- 686101.
2 DISTRICT TRANSPORT OFFICER, KOTTAYAM, PIN- 686001.
BY SRI T.P.SAJAN- STANDING COUNSEL- KERALA STATE ROAD TRANSPORT CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17054 of 2019
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JUDGMENT
The petitioner, who was working as Driver in Changanassery Depot of the Kerala State Road Transport Corporation, was placed under suspension by Ext.P1 order dated 04.01.2019 of the 1st respondent Assistant Transport Officer, on an allegation that he had consumed alcohol when reported for duty, which amounts to serious dereliction of duty. The petitioner challenged the order of suspension by filing Ext.P2 appeal under Rule 22 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 before the 5th respondent Managing Director. The appellate authority rejected that appeal by Ext.P5 order dated 08.04.2019, which is under challenge in this writ petition.
WP(C).No.17054 of 2019
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consideration, it is submitted by the learned counsel for the petitioner that the petitioner has already been reinstated in service, by posting him as Driver in Attingal Depot. Therefore, leaving open the legal and factual contentions raised, this writ petition may be dismissed as withdrawn.
In such circumstances, recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, leaving open the legal and factual contentions raised by the petitioner and without prejudice to the legal right, if any, of the petitioner to challenge the disciplinary proceedings initiated against him, before appropriate forum.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/20/7
1 issue framed by the court
Whether the writ petition challenging the suspension order may be dismissed as withdrawn after the petitioner's reinstatement.
Babichen Antony
Assistant Transport Officer
District Transport Officer
Vehicle Supervisor
Deputy General Manager (Operations)
Managing Director
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
