KSRTC employee pending disciplinary proceedings since a 2017 charge sheet sought completion of the enquiry. The Court directed the Executive Director (Vigilance) to complete the disciplinary proceedings within two months and disposed of the writ petition.
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 BASANT BALAJI
TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945
WP(C) NO. 7941 OF 2024
PETITIONER/S:
MURUKESAN.P.A.
AGED 51 YEARS S/O. P.K.APPU, BLACKSMITH, KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL WORKSHOP, EDAPPAL - 679576 (RESIDING AT PALAMITTATHU HOUSE, NARACKAL.P.O., ERNAKULAM DISTRICT ), PIN - 682505 BY ADVS. K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENT/S:
OTHER PRESENT:
SC SRI. DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 7941/2024
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JUDGMENT
(Dated this the 12th day of March 2024)
The petitioner is working under the 1st respondent-
Corporation. He was issued with a charge sheet dated 18.08.2017 and he filed an explanation to the charge sheet
on 27.10.2017. Though he was directed to report for duty on or before 31.05.2018, he was not allowed to rejoin for duty. The petitioner filed a representation dated 21.05.2018 before the 5th respondent requesting to rejoin for duty. He also filed similar representation dated 02.11.2018 for the same. Thereafter, Ext.P2 show cause notice was issued. Since no action was taken on his request, he approached this Court by filing W.P.(C) No.38801/2018, and this Court, by judgment dated 15.01.2019, directed the 1st respondent
WPC 7941/2024
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to take up the issue and pass orders on the representation
made by the petitioner. On 16.05.2023, the District Officer
of Kozhikode, conducted a detailed enquiry and the petitioner was issued with Ext.P6 show cause dated 21.09.2023, in which an explanation was given as Ext.P7.
the submission of Ext.P7, no action has been taken till date
to complete the enquiry proceedings.
respondent to complete the proceedings initiated against the petitioner pursuant to Ext.P6, and on the basis of Ext.P7 explanation, within a time frame.
Having heard the counsel for the petitioner as well as
the Standing Counsel, I direct the 4th respondent to
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complete the disciplinary proceedings initiated against the petitioner, within a period of two months from the date of
receipt of a copy of the judgment.
Writ Petition is disposed of accordingly.
Sd/-
BASANT BALAJI
JUDGE
JS
WPC 7941/2024
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APPENDIX OF WP(C) 7941/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER NO.RW1/631/18/EDAPPAL DATED 10.5.2018 DIRECTING TO REPORT FOR DUTY ON OR BEFORE 31.5.2018. ISSUED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE SHOW CAUSE NOTICE VIDE NO.VLA104375/17 DATED 1.3.2018 SENT BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 38801 /2018 DATED 15.1.2019 OF THIS HON'BLE COURT Exhibit P4 . TRUE COPY OF THE ENQUIRY REPORT DATED 2.3.2021 Exhibit P5 TRUE COPY OPF THE REPLY STATEMENT DATED 16.8.2023 Exhibit P6 TRUE COPY OF THE SHOW CAUSE NOTICE VIDE NO.VLA1/004375/17(A & VB4) DATED 21.9.2023 Exhibit P7 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 21.11.2023
1 issue framed by the court
Whether the 4th respondent can be directed to complete the disciplinary proceedings pursuant to Ext.P6 show cause notice within a time frame?
Murukesan P.A.
The Kerala State Road Transport Corporation
The Managing Director, KSRTC
The Executive Director (Administration), KSRTC
The Executive Director (Vigilance), KSRTC
The Works Manager, KSRTC Regional Workshop, Edappal
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
