IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 28785 of 2009(P) -------------------------- PETITIONER : - --------------- P.K.RAJAN,AGED 52 YEARS, S/O. KRISHNAN, PULAKKUDIYIL HOUSE, AVOLI P.O.,MUVATTUPUZHA, INSPECTOR, DISTRICT TRANSPORT OFFICE, K.S.R.T.C., PERUMBAVOOR. BY ADVS. SRI.P.JAYAKUMAR SRI.V.N.MOHANADASAN RESPONDENT(S): - ---------------- 1. KERALA STATE ROAD TRANSPORT APPELLATE TRIBUNAL, TRANSPORT BHAVAN, TRIVANDRUM. 2. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM. 3. EXECUTIVE DIRECTOR (VIGILANCE) K.S.R.T.C. TRANSPORT BHAVAN, TRIVANDRUM. 4. DISTRICT TRANSPORT OFFICER, K.S.R.T.C. PERUMBAVOOR. BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28785 of 2009(P) APPENDIX PETITIONER(S) EXHIBITS :- EXT.P1 : PHOTOCOPY OF THE REPORT OF THE INSPECTOR. EXT.P2 : PHOTOCOPY OF THE SUSPENSION ORDER DATED 27-02-2006 ISSUED BY THE 3RD RESPONDENT. EXP.P3 : PHOTOCOPY OF THE CHARGE SHEET DATED 18-02-2006 ISSUED BY THE 3RD RESPONDENT. EXT.P4 : PHOTOCOPY OF THE REPLY TO THE CHARGE SHEET DATED 24-03-2006 EXT.P5 : PHOTOCOPY OF THE SHOW CAUSE NOTICE ALONG WITH ENQUIRY REPORT. EXT.P6 : PHOTOCOPY OF THE ORDER OF THE 3RD RESPONDENT DATED 20-10-2006 EXT.P7 : PHOTOCOPY OF THE APPEAL PETITION WAS SUBMITTED BEFORE THE 2ND RESPONDENT EXTP.P8: PHOTOCOPY OF THE REJECTION ORDER OF THE 2ND RESPONDENT DATED 01-04-2007. EXT.P9 : TRUE COPY OF THE REVISION PETITION BEFORE THE HONOURABLE APPELLATE TRIBUNAL. EXT.P10: TRUE COPY OF THE ORDER DATED 21-03-2009 BY THE APPELLATE TRIBUNAL. RESPONDENTS' EXHIBITS : NIL. TRUE COPY P.A TO JUDGE amk. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 28785 OF 2009 ------------------------------- DATED THIS THE 22ND DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Exts.P5, P6, P8 and P10 orders and for a direction commanding the respondents to grant increment and consequential service benefits entitled to the petitioner forthwith. Petitioner is working as an Inspector at the Perumbavoor Unit of the respondent-Corporation. While the petitioner was working as Conductor at Muvattupuzha Unit, disciplinary proceedings were initiated against him on an alleged charge of conveying an unaccompanied luggage on the top of the bus in the Muvattupuzha-Trivandrum service. The authority concerned imposed punishment of increment bar for one year with cumulative effect and the suspension period was treated as leave without allowance uncountable for service/pensionary benefits. Ext.P6 is the said order passed by the Executive Director (Vigilance). Appeal preferred by the petitioner was rejected finding -2- W.P.(C).No.28785/2009 that there is no merit in the appeal. Ext.P8 is the order passed by the Appellate Authority. Petitioner preferred Ext.P9 revision before the lst respondent, which also ended in dismissal. Ext.P10 is the order passed by the revisional authority. 2. During the pendency of the writ petition, the Chairman and Managing Director passed an order on 3/12/2009. By the said order the clause that the period of suspension ordered to be treated as Leave Without Allowance (LWA) which will not be counted for any service/pensionary benefits, is cancelled and the period is treated as leave eligible. In view of the said order passed, the learned counsel for the petitioner submits that no further relief is necessary in this writ petition. Recording the said submission of the learned counsel for the petitioner, this writ petition is closed. HARUN-UL-RASHID, Judge. kcv.