High Court of KeralaWP(C)/11687/2015disposed of

Anilkumar K.V. v. Kerala Road Transport Corporation

2015-08-11Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 11687 of 2015 (I) ---------------------------- PETITIONER(S):

------------------ ANILKUMAR K.V., AGED 36 YEARS S/O.K.N.VELAPPAN, MURIKKANANIKKAL, URULANTHANNI PO PIN - 686 681, PINAVOORKUDY, VELIYATHU PARAMBU TRIBAL SETTLEMENT, KOTHAMANGALAM BY ADVS.SRI.K.P.MADHU SRI.ABDUL JALEEL.A RESPONDENT(S):

-------------------

1. KERALA STATE ROAD TRANSPORT CORPORATION REP. BY MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT THIRUVANANTHAPURAM.

2. ASSISTANT TRANSPORT OFFICER, KSRTC, KOTHAMANGALAM, PIN - 686 691.

3. THE SECRETARY, TRANSPORT DEPARTMENT TRIVANDRUM - 695 001.

R1&2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11687 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1-TRUE COPY OF THE MEMORANDUM DATED 4.9.2013 P2- TRUE COPY OF THE SUSPENSION ORDER DATED 24.9.2014 P3- TRUE COPY OF THE CERTIFICATE DATED 31.1.2015 P4- TRUE COPY OF THE MEMO OF REINSTATEMENT DATED 19.1.2015 P5- TRUE COPY OF THE REPRESENTATION BY THE PETITONER BEFORE RESPONDENT DATED 13.2.2015 P6- TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO.06/07/P & ARD DATED 4.12.2007 RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No. 11687 of 2015 --------------------- Dated this the 11th day of August, 2015

J U D G M E N T

The petitioner was placed under suspension by Ext.P2 order pending disciplinary proceedings. The petitioner was then working at the Kothamangalam unit of the Kerala State Road Transport Corporation. The petitioner has since been reinstated in service by Ext.P4 order. This is done without prejudice to the disciplinary proceedings pending. The petitioner has been reinstated and posted at Changanacherry unit as per the norms.

2. The petitioner cannot be posted in the same unit pending disciplinary proceedings. The petitioner has necessarily to be transferred out pending disciplinary proceedings. This norm being followed by the Kerala State Road Transport Corporation cannot be faulted with.

I however direct the disciplinary proceedings to be expedited in the circumstances. The same shall be terminated within a period of two months from today. The petitioner shall be given a suitable

W.P(C) No.11687 of 2015 posting dependent on the outcome of the disciplinary proceedings.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.