The High Court allowed a writ petition seeking reinstatement of the petitioner, a KSRTC driver. The Court quashed the removal order issued without any prior disciplinary proceedings, hearing, or notice, holding it illegal and arbitrary.
The order of removal was quashed and the petitioner was directed to be reinstated in service.
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 8TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C) NO. 1852 OF 2021
PETITIONER/S:
AZAD M.C.
AGED 41 YEARS
S/O.ABDULLA, RESIDING AT MANNARACHOLA HOUSE,
KAKKAOVE VAZHAYOOR P.O., RAMANATTUKARA -
MALAPPURAM DISTRICT - 673 633 (EX-DRIVER, KSRTC,
KOZHIKODE DEPOT).
BY ADV N.SASIDHARAN UNNITHAN
RESPONDENT/S:
1 KERALA STATE ROAD TRANSPORT CORPORATION REP. BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023.2 EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, FORT, THIRUVANANTHAPURAM - 695 023.3 DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE DEPOT, KOZHIKODE DISTRICT - 673 001.SC SRI.T.P SAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1852 OF 2021(F) 2
The petitioner was a permanent driver in the
KSRTC. In 2016, he sought five years leave for employment abroad. It was sanctioned to the petitioner by Ext.P1 order for the period from 22.03.2016 to 22.03.2021. Accordingly, he went abroad, got engaged in a contract employment and returned to India before completion of five years period. After return, he submitted Ext.P2 application on 08.01.2021 requesting for rejoin duty. He was informed that he has been removed from service with effect from 11.06.2018 by Ext.P4 order dated 01.10.2018. Thereafter, he submitted Ext.P5 representation dated 09.01.2021 before the first respondent.
WP(C) NO. 1852 OF 2021(F) 3
per se illegal, unjust, arbitrary and unsustainable. No
charge memo was issued to him, no show cause notice
was issued to him, no personal hearing was conducted
and there was no enquiry preceding the impugned order.
the petitioner that identically placed employees have
been taken back, pursuant to Ext.P6 and Ext.P7 judgments. It was reported by the learned counsel for
the petitioner that though the judgment of the learned Single Judge in the light of Exts.P6 and P7 was challenged before the Hon'ble Supreme Court of India, it
was reportedly rejected. The records show that the order of termination was based on the ground of unauthorised absence from duty. Admittedly the order of termination
was not preceded by any disciplinary proceedings. Though the order of termination was issued invoking
WP(C) NO. 1852 OF 2021(F) 4
Rule 24 of the Kerala Service Rules, the same cannot
apply to the case at hand, since the absence from duty
was not for a period of more than five years. Further, leave was consequent to his voluntary application which was sanctioned. In the above circumstance, the order of termination without any disciplinary action is illegal and liable to be interfered with.
4 In the result, the Writ Petition is allowed. Ext.P4
order of removal stands quashed. The petitioner is directed to be reinstated in service. He shall report to the Depot, where he was working prior to his termination – and the respondent KSRTC shall consider regarding the
manner of regularisation of his period of absence from
service.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C) NO. 1852 OF 2021(F) 5
The rider “The above Judgment will not stand in the way of K.S.R.T.C initiating appropriate action in terms of Kerala Civil Services (Classification Control and Appeal) Rules, 1960” is added as the last sentence of the Judgment dated 08/02/2021 in WP(C) 1852/2021 as per order dated 02/09/2021 in RP No. 536 of 2021 in WP(C) 1852/2021.
sd/-
Joint Registrar
WP(C) NO. 1852 OF 2021(F) 6
APPENDIX OF WP(C) 1852/2021
PETITIONER’/s EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.D.DIS.PL13/002485/16 DATED 22/3/2016 OF THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 8/1/2021 OF THE PETITIONER SUBMITTED TO THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT NO.E2/109/2021/KKD DATED 8/1/2021 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF ORDER NO.PL11/000806/2018 DATED 1/10/2018 OF THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 9/1/2021 OF THE PETITIONER SENT TO THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 5/8/2020 IN WP(C) NO.5317/2020 OF THIS HONOURABLE COURT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 6/1/2021 IN WA NO.25/2021 OF THIS HONORABLE COURT.
RESPONDENT’S/S
NIL EXHIBITS
3 issues framed by the court
Whether the removal order from service without a charge memo, show cause notice, or personal hearing is illegal and arbitrary.
Whether the petitioner is entitled to reinstatement in service.
Whether the Kerala Service Rules apply to cases of voluntary leave sanctioned but not availed to full extent.
AZAD M.C.
KERALA STATE ROAD TRANSPORT CORPORATION
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court