Jiji P. v. Kerala State Road Transport Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31202 of 2015 (A) ---------------------------- PETITIONER(S):

---------------- JIJI P. VARGHESE, AGED 44 YEARS DRIVER, KSRTC, PERUMBAVOOR DEPOT RESIDING AT PARAVATTIL HOUSE KOOVAPPADY P.O., THODAPARAMBU, ERNAKULAM DISTRICT.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S):

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

KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM - 695 023.

2.

THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM - 695023.

3.

ASSISTANT TRANSPORT OFFICER, DISTRICT TRANSPORT OFFICE, PERUMBAVOOR - 683 542.

R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No. 31202 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE MEMORANDUM DATED 23.9.2015 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P2 :

TRUE COPY OF THE WAY BILL DATED 1.7.2015 EXHIBIT P3 :

TRUE COPY OF THE REPRESENTATION DATED 26.9.2015 PREFERRED TO SECOND RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE MEDICAL CERTIFICATE DATED 24.9.2015 ISSUED BY THE MEDICAL OFFICER, TALUK HEAD QUARTERS HOSPITAL, PERUMBAVOOR.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.31202 of 2015 --------------------- Dated this the 14th day of October, 2015

J U D G M E N T

Ext.P1 memorandum transferring the petitioner from Perumbavoor to Kasargod pending disciplinary action is impugned. I do feel that a transfer to a far off place is unnecessary in view of the nature of the allegations made. The petitioner has challenged Ext.P1 memorandum in Ext.P3 appeal pending with the first respondent.

2. I direct the first respondent to consider Ext.P3 appeal with notice to the petitioner within a period of two weeks. The petitioner shall in the mean while be accommodated in any depot (other than Perumbavoor) falling with the Ernakulam Circle of the Kerala State Road Transport Corporation. Appropriate orders in this regard shall be passed by the first respondent within a period of three days from today. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/14.10.15