The High Court held that terminating a conductor's services without a prior enquiry violated natural justice. The order of termination set aside to allow the respondent to conduct an enquiry in accordance with law.
The order of termination dated 1.10.2018 was set aside to allow the Respondent to conduct an enquiry or take action.
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 MR. JUSTICE AMIT RAWAL
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943 WP(C) NO. 12833 OF 2021
PETITIONER:
G.J.JOYAL S/O.JOSEPH GEORGE, GEORGE BHAVAN, MILMA ROAD, MANNAR P.O., ALAPPUZHA DISTRICT-689622. (EX-CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHENGANNUR DEPOT) BY ADVS. ANANDA RAJAN.N C.V.MILTON
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695023.
2 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 3 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHENGANNUR-689121.
BY ADV DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner while working as conductor in Kerala State Road Transport Corporation applied for leave for attending his father who is old and diabetic patient to undergo three surgeries on his left lower limb on 6-4-2017, 8.4.2017 and 21.07.2017 in Thiruvalla, remained absent from the duties. Exts.P2, P3 and P4 are the testimonies of the treatment and the father of the petitioner ultimately succumbed to death. The period of absence of the petitioner according to the submission of the counsel could have been examined by holding any enquiry but in the absence of the same, has been terminated from the services vide order dated 01.10.2018 (Ext.P8).
The facts mentioned are not in dispute ie., non-compliance of principles of natural justice and non-issuance of notice before
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termination much less enquiry. Thus the procedure adopted by the respondents for terminating is wholly grave and opaque. Accordingly, I set aside the order Ext.P8 dated 1.10.2018. Writ
petition. However, this will not preclude the KSRTC from conducting enquiry or taking action against the petitioner, if need be, in accordance with law.
Sd/-
AMIT RAWAL
JUDGE
nak
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APPENDIX OF WP(C) 12833/2021
PETITIONER EXHIBITS
| Exhibit P1(A) | TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL, THIRUVALLA. |
|---|---|
| Exhibit P1(B) | TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL, THIRUVALLA. |
| Exhibit P2 | TRUE COPY OF TREATMENT CERTIFICATE OF GEORGE JOSEPH ISSUED BY TAN TOCK SENG HOSPITAL, SINGAPORE. |
| Exhibit P3 | TRUE COPY OF PAYMENT SLIP DATED 24.8.2018 ISSUED FROM TAN TOCK SENG HOSPITAL, SINGAPORE. |
| Exhibit P4 | TRUE COPY OF CERTIFICATE OF EXTRACT FROM REGISTRAR OF BIRTHS AND DEATHS DATED 26.7.2018 ISSUED FROM TAN TOCK SENG HOSPITAL, SINGAPORE. |
| Exhibit P5 | TRUE COPY OF LETTER NO.D1/1485/18/CGNR DATED 9.5.2018 ISSUED BY THE 3RD RESPONDENT. |
| Exhibit P6 | TRUE COPY OF REPRESENTATION DATED 16.5.2018 FILED BY THE PETITIONER TO THE 1ST RESPONDENT. |
| Exhibit P7 | TRUE COPY OF RELEVANT PAGES OF INDIAN PASSPORT NO.S4998524 ISSUED TO THE PETITIONER. |
| Exhibit P8 | TRUE COPY OF ORDER NO.PL11/000806/2018 DATED 1.10.2018 OF THE EXECUTIVE DIRECTOR (ADMN). |
| Exhibit P9(A) | TRUE COPY OF JUDGMENT DATED 13.12.2019 IN WP(C) NO.30883/2019 OF THE HON'BLE HIGH COURT OF KERALA. |
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Exhibit P9(B) TRUE COPY OF JUDGMENT DATED 5.8.2020 IN WP(C) NO.35774/2019 OF THE HON'BLE HIGH COURT OF KERALA. Exhibit P10 TRUE COPY OF REPRESENTATION DATED 7.12.2018 FILED BY THE PETITIONER TO THE 1ST RESPONDENT. Exhibit P11 TRUE COPY OF JUDGMENT DATED 18.12.2020 IN W.A.NO.1721/2020 OF THE HON'BLE HIGH COURT OF KERALA. Exhibit P12 TRUE COPY OF ORDER DATED 3.2.2021 IN SLP NO.1236/2021 OF THE HON'BLE SUPREME COURT OF INDIA.
1 issue framed by the court
Whether the termination of services without holding a prior enquiry was in violation of principles of natural justice.
G.J.JOYAL
KERALA STATE ROAD TRANSPORT CORPORATION
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
