Kerala High Court

WP(C)/30239/2012 of ALI C.H. Vs MANAGING DIRECTOR on 31 December 2012

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 30239 of 2012 (D) --------------------------- PETITIONER(S): ------------- ALI C.H., AGED 42 YEARS S/O.HYDRU,CHELAKKADAN HOUSE,AMBUKUTHI

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

WP(C).No. 30239 of 2012 (D) --------------------------- PETITIONER(S):------------- ALI C.H., AGED 42 YEARS S/O.HYDRU,CHELAKKADAN HOUSE,AMBUKUTHI THOVARIMALA.P.O,SULTHANBATHERY,WAYANAD DISTRICT PIN:673592.(CONDUCTOR KERALA STATETRANSPORT CORPORATION SULTHANBATHERY NOW BEING DISENGAGED FROM DUTY)

BY ADV. SRI.K.P.JUSTINE (KARIPAT)

RESPONDENT(S):--------------

1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM PIN-695023.

2. THE EXECUTIVE DIRECTOR(VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM PIN-695023. KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM PIN-695023.

3. THE EXECUTIVE DIRECTOR(ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM-695023. KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM-695023.

4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION SULTHANBATHERY,WAYANAD - 673 592. KERALA STATE ROAD TRANSPORT CORPORATION SULTHANBATHERY,WAYANAD - 673 592.

R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PETITIONER(S) EXHIBITS

EXT-P1 TRUE COPY OF THE RECEIPT NO.CH.14386 DATED 12.11.1993.

EXT-P2 TRUE COPY OF THE G.O.(MS)78/2011 DATED 22.12.2011

EXT-P3 TRUE COPY OF THE ORDER NO.PL.12/025739/2008 DATED 7.4.2012 OF THE PERSONNEL MANAGER. PERSONNEL MANAGER.

EXT-P4 TRUE COPIES OF THE PAY SLIP OF THE PETITIONER FOR THE MONTH MAY,2012 AND JUNE 2012. MAY,2012 AND JUNE 2012.

EXT-P5 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER

EXT-P6 TRUE COPY OF THE ORDER NO.VLC1 023985/2012 DATED 27.7.2012.

EXT-P7 TRUE COPY OF THE RELEVANT COPIES OF THE ORDER NO.572/10/TRANSPORT DATED 15.12.2010. NO.572/10/TRANSPORT DATED 15.12.2010.

EXT-P8 TRUE COPIES OF THE SAID PAY SLIPS FOR 10/2012 AND 11/2012, OF THE PETITIONER. OF THE PETITIONER.

EXT-P9 TRUE COPY OF THE REPRESENTATION DATED 15.12.2012 SENT TO THE IST RESPONDENT. RESPONDENT.

//TRUE COPY//

V.CHITAMBARESH, J.------------------------------- W.P.(C) No.30239 of 2012

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

Dated this the 31[st] day of December, 2012

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J U D G M E N T

The petitioner joined as a reserved conductor in theservice of the Kerala State Road Transport Corporation ('KSRTC'for short). He was disengaged from duty by Ext.P6 order on theallegation of embezzlement of money belonging to KSRTC. Thecontention of the petitioner is that KSRTC should not havedisengaged him from duty and could have at best placed himunder suspension.

2. The Standing Counsel for KSRTC submits thatorders are being passed placing the petitioner under suspension.This is recorded.

The writ petition is disposed of without prejudice tothe right of the petitioner to challenge the order of suspensionand other proceedings appropriately.

V.CHITAMBARESH,Judge.

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