IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8851 of 2008(D) ------------------------------------ PETITIONER: ------------------ MANESH K.JOSE,S/O.K.JOSE AGED 37 YEARS, CONDUCTOR -II GRADE, K.S.R.T.C, THRISSUR NOW AT ERNAKULAM AND RESIDING AT KADAVIL, MUTTAKKARA, MANNUTHY P.O.,THRISSUR. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ---------------------- 1. THE KERALA STAE ROAD TRANSPORT CORPORATION,.TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR 2. THE CHIEF LAW OFFICER -IN CHARGE OF EXECUTIVE DIRECTOR (VIGILANCE) KSRTC, THIRUVANANTHAPURAM. 3. THE PERSONNEL MANAGER,O/O. THE MANAGING DIRECTOR,TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 4. THE ADMINISTRATIVE OFFICER, KSRTC TRANSPORT BHAVAN, FORT,THIRUVANANTHAPURAM. 5. THE DISTRICT TRANSPORT OFFICER KSRTC,THRISSUR. 6. THE DISTRICT TRANSPORT OFFICER KSRTC, ERNAKULAM. BY ADV. SRI. K.PRABHAKARAN – SC KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.8851 of 2008 ================================== Dated this the 17th day of March, 2008. JUDGMENT Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 2. On the basis of certain allegations against the petitioner put forward by the guard of the Thrissur unit of the Kerala State Road Transport Corporation, the vigilance section of the KSRTC on 8-1-2008 requested for the transfer of the petitioner to another depot. This is followed by Ext.P3, whereby, he has been transferred on 17-1- 2008 to Ernakulam depot. In the nature of the allegations contained in Exts.P1 and P3, if the transfer, though stated to be on administrative exigencies, has been made on the basis of the allegations against the petitioner, it is WPC8851/2008 -:2:- inappropriate that the petitioner goes unheard in the matter. If the allegations against the petitioner in Exts.P1 and P3 ultimately stand overrule the contentions of the petitioner, it also needs a consideration as to whether the proceedings initiated against the petitioner by the issuance of Exts.P1 and P3 are disciplinary proceedings. Ext.P3 is issued on behalf of the Personnel Manager in the Office of the Managing Director of the KSRTC. 3. The nature of the allegations against the petitioner and his defence thereto, including his allegations regarding the other personnel in the Thrissur depot requires to be looked into by the Managing Director of the KSRTC on the facts and in the circumstances of the case. 4. Under such circumstances, it is directed that Ext.P5 shall be taken up, considered and WPC8851/2008 -:3:- disposed of by the Managing Director. Let necessary orders be issued within a period of two months from the date of receipt of a copy of this judgment. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl.