H.Anandan v. Kerala State Road Transport Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28321 of 2015 (M) ---------------------------- PETITIONER(S):

----------------- H.ANANDAN, AGED 47 YEARS 2ND GRADE DRIVER KERALA STATE ROAD TRANSPORT CORPORATION CHERTHALA DEPOT.

BY ADV. SRI.V.N.SUNIL KUMAR RESPONDENT(S):

------------------ 1.

KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR TRANSPSORT BHAVAN, EAST FORT THIRUVANANTHAPURAM - 695 023.

2.

CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

3.

DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION ERNAKULAM PIN 682 013.

R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.28321 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF DUTY PASS ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., CHERTHALA. EXHIBIT P2 :

TRUE COPY OF ORDER DATED 26/6/2015 IN DISCIPLINARY PROCEEDINGS NO.V.L.E.5/001017/12 EXHIBIT P3 :

TRUE COPY OF APPEAL SUBMITTED BY THE PETITIONER DATED 30.7.2015 AGAINST ORDER NO.V.L.E.5/001017/12. EXHIBIT P4 :

TRUE COPY OF PAY SLIP OF THE PETITIONER FOR TH EMONTH AUGUST, 2015.

EXHIBIT P5 :

TRUE COPY OF MEMORANDUM ISSUED BY THE K.S.R.T.C. AS NO.ML.5/048211/12 DATED 31.12.2013.

EXHIBIT P6 :

TRUE COPY OF THE REPAIR INVOICE, FURNISHED BY VISTA DRIVEINE MOTORS PVT. LTD., VOLVE SERVICE DEALER, UDYOGAMANDAL, ERNAKULAM.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.28321 of 2015 --------------------- Dated this the 18th day of September, 2015

J U D G M E N T

The petitioner has filed Ext.P3 appeal against Ext.P2 order directing the damages to be recovered from him. The petitioner relies on Ext.P5 memorandum to the effect that only the value of the materials (and not labour charge) can be realised if at all any.

2. I direct the second respondent to consider Ext.P3 appeal with due advertance to Ext.P5 memorandum. The needful shall be done with notice to the petitioner within a period of two months.

3. The coercive steps as against the petitioner pursuant to Ext.P2 order shall be put on hold till orders are passed on Ext.P3 appeal as directed above.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.