The High Court of Kerala disposed of a writ petition filed by an unauthorisedly absent KSRTC conductor, directing the corporation to complete the domestic inquiry within four months and consider pending representations.
Directed KSRTC to complete domestic inquiry within four months and consider Ext.P7 independently.
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 SUNIL THOMAS
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.1574 OF 2021(V)
PETITIONER/S:
SAJU KUMAR S.,AGED 42 YEARS S/O SREEDHARAN NAIR, (CONDUCTOR, KSRTC, THIRUVANANTHAPURAM CITY DEPOT, UNDER ORDER OF TRANSFER TO THRISSUR DEPOT), RESIDING AT SREEVISAKH T.C.19/871, KESAVADEV ROAD, KRRA-67, MUDAVANMUGHAL, THIRUVANANTHAPURAM, PIN-695 012.
BY ADVS.
SHRI.K.P.RAJEEVAN SMT.LEKSHMI S.R SMT.MEERA S RAJAN
RESPONDENT/S:
2 MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT THIRUVANANTHAPURAM, PIN-695 023.
3 THE EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT THIRUVANANTHAPURAM, PIN-695 023.
4 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM CITY DEPOT, THIRUVANANTHAPURAM, PIN-695 001.
5 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR DEPOT, THRISSUR, PIN-680001.
R1-5 BY ADV. SRI.DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner herein was working as a conductor in KSRTC. He joined duty on 08.05.2009 and thereafter he went on leave. By Ext.P2 dated 16.10.2018, he was informed that he was unauthorisedly absent and he was directed to rejoin duty. It seems that Ext.P2 was served on him and he did not rejoin duty. The petitioner now contends that he was on medical treatment, evidenced by Ext.P3 series of documents. Ex.P6 is an application filed by him requesting permission to rejoin duty on the ground that due to medical reasons he was unable to rejoin within time. The grievance of the petitioner is that in spite of receipt of Ext.P6 followed by Ext.P7, he has not been permitted to rejoin duty.
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absence. He has given a reply and enquiry has hence commenced. Ext.P6 is the reply to the charge sheet.
Writ Petition is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER NO PL12.011250/09 DATED 30.4.2009 ISSUED TO THE PETITIONER
EXHIBIT P2 A TRUE COPY OF MEMORANDUM NO P2/5403/18/CY DATED 16.10.2018 ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER OF THIRUVANANTHAPURAM CITY
EXHIBIT P3 A TRUE COPY OF MEDICAL CERTIFICATES FOR THE PERIOD FROM 17.8.2018 TO 17.9.2019
EXHIBIT P4 A TRUE COPY OF CHARGE SHEET NO VLD3/009383/19 DATED 26.11.2019 ISSUED TO THE PETITIONER BY THE EXECUTIVE DIRECTOR (VIGILANCE) OF THE RESPONDENT CORPORATION
EXHIBIT P5 A TRUE COPY OF FITNESS CERTIFICATE DATED 19.12.2019 ISSUED BY THE MEDICAL OFFICER, WHO TREATED THE PETITIONER
EXHIBIT P6 A TRUE COPY OF REPLY DATED 28.12.2019 TO EXHIBIT P4 CHARGE SHEET FURNISHED BY THE PETITIONER
EXHIBIT P7 A TRUE COPY OF REPRESENTATION DATED 5.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR OF THE KSRTC
RESPONDENT'S/S EXHIBITS NIL
1 issue framed by the court
Whether the writ petition should be disposed of by directing the employer to complete the domestic inquiry expeditiously.
Saju Kumar S.
Kerala State Road Transport Corporation
Managing Director, Kerala State Road Transport Corporation
The Executive Director (Vigilance), Kerala State Road Transport Corporation
District Transport Officer, Kerala State Road Transport Corporation
The Assistant Transport Officer, Kerala State Road Transport Corporation
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
