Dismissed

Martin Cleetus v. the Kerala State Road Transport Corporation

Kerala HC7 Aug 2019WP(C)/19822/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a KSRTC driver seeking expeditious disposal of pending disciplinary proceedings against him and payment of pending increments. The court directed the 3rd respondent to finalize the disciplinary action within three months.

What did the court decide?

Direction to the 3rd respondent to finalise the disciplinary proceedings within three months.

Martin Cleetus Vs the Kerala State Road… — Labour and Industrial Disputes | Kerala HC (2019)

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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 07TH DAY OF AUGUST 2019 / 16TH SRAVANA, 1941

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WP(C).No.19822 OF 2019(C)

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PETITIONER:

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MARTIN CLEETUS,

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AGED 40 YEARS, S/O. CLEETUS, VADUTHALA PARAMBIL HOUSE, THAICKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT 688 554.

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BY ADV. SRI.K.P.JUSTINE (KARIPAT)

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RESPONDENTS:

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1 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM 695 023.

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2 THE MANAGING DIRECTOR , KSRTC,

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TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM 695 023.

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

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4 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA DEPOT 688 524.

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SC FOR KSRTC - SRI. T.P.SAJAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner, who is presently working as Driver in Cherthala Depot of Kerala State Road Transport Corporation, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent to take steps to dispose of the disciplinary proceedings initiated against the petitioner, within a time frame to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent to sanction and disburse the increments and other financial benefits due to the petitioner from 2017 onwards, within a time frame to be fixed by this Court.

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Disciplinary proceedings are initiated against the petitioner on an allegation that he deserted the bus passengers on 01.01.2017 at Erumeli bus station. The petitioner was issued with Ext.P2 charge sheet dated 28.06.2017 by the 3^rd respondent. He submitted explanation to Ext.P2. The Enquiry Officer conducted an enquiry and submitted Ext.P3 enquiry report dated 07.09.2017. Thereafter, the petitioner was issued with Ext.P4 show-cause notice dated 15.05.2018, to which he submitted Ext.P5 explanation dated 16.06.2018. The grievance

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of the petitioner is that the disciplinary proceedings are yet to be finalised.

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On 19.07.2019, when this writ petition came up for admission, the learned Standing Counsel for KSRTC was directed to get instructions.

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The learned Standing Counsel for KSRTC would submit that the 3^rd respondent shall finalise the disciplinary proceedings initiated against the petitioner, by the issuance of Ext.P2 charge sheet, within a period of three months.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of, without

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going into the merits of the case, by directing the 3^rd respondent to finalise the disciplinary proceedings initiated against the petitioner, pursuant to Ext.P2 charge sheet, as expeditiously as possible, at any rate, within a period of three months 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

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER
EXHIBIT P2	TRUE COPY OF THE CHARGE SHEET NO. VLE5-001511/17 DATED 28.6.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE ENQUIRY REPORT CONDUCTED BY SRI. K.ALI ASSISTANT TRANSPORT OFFICER, KSRTC, KAYAMKULAM DATED 07.09.2017
EXHIBIT P4	TRUE COPY OF THE SHOW CAUSE NOTICE VIDE NO. VLE5-001511/17 DATED 15.5.2018
EXHIBIT P5	TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE SHOW CAUSE NOTICE DATED 16.6.2018

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Martin Cleetus v. the Kerala State Road Transport Corporation

Case brief

What is this about?

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Martin Cleetus v. the Kerala State Road Transport Corporation

Case brief

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