IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 1593 of 2004(M) ------------------------------------- PETITIONER(S): ---------------------- C.P. SHAIK HASSAN, (DRIVER, KOZHIKODE, RTD.ON 30.6.2000) AGED 58 YEARS, S/O. SHAIK DAVOOD, POOKATTUPARAMBU, EAST VELLIMADU KUNNU, MERRIKUNNU P.O., KOZHIKODE-12. BY ADV. MR.K.P.RAJEEVAN RESPONDENT(S): ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. EXECUTIVE DIRECTOR (VIGILANCE) K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 3. DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOZHIKODE. R1 TO R3 BY ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 1593/2004-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDR NO.R-DIS. PLA5/33218/89 DATED 21/06/1989 SANCTIONING EXTENSION OF LEAVE TO THE PETITIONER FOR FIVE YEARS W.E.F.08/06/1989. EXT.P2: COPY OF THE ORDER NO.L.DIS.PLA5-60768/90 DATED 23/10/1990. EXT.P3: COPY OF THE RELIEVING ORDER NO.E4-3268/99/KKD DATED 23/06/2000. EXT.P4: COPY OF THE SHOW CAUSE NOTICE NO.VLE2-010763/96 DATED 28/03/2003 WITH COPY OF ENQUIRY REPORT. EXT.P5: COPY OF THE EXPLANATION DATED 30/04/2003 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 1593 OF 2004 ............................................ DATED THIS THE 2nd DAY OF JUNE, 2009 JUDGMENT The petitioner entered service of KSRTC on 26.12.1975. On charges of dereliction of duty of having been unauthorisedly absent from 25.2.1995, an enquiry was instituted against him and he was found guilty of unauthorised absence as per Ext.P4 report dated 10.12.2002. However, the petitioner has a case that the enquiry commenced only after he was permitted to retire on superannuation on 30.6.2000. Going by the materials, the petitioner admits having availed 5 years leave under Appendix XIIA of Kerala Service Rules. But having reported back for duty, without enjoying the entire leave, though he returned after three years and rejoined duty, he attempted to avail and enjoy the unavailed leave of two years which had earlier been granted. Hoping that he would be permitted to avail that leave, he proceeded abroad. Needless to say, this was in clear violation of the service rules. But the gravity of the situation may also need to be considered from the angle of a person belonging to the WP(C) 1593/2004 2 cadre of drivers in whose favour there was already an order granting five years leave, a portion of which (two years) remained unavailed. 2. Going by the counter affidavit, the proceedings against the petitioner culminated in the imposition of penality of removal from service with effect from 25.2.1995 treating that as a date on which petitioner had deserted from service. 3. Having regard to the facts of this case, it appears that the petitioner left the matters there awaiting the verdict of this court. All that the petitioner can now aspire is to seek indulgence of the employer on the aforesaid fact situation, viz, that the petitioner had not worked for KSRTC after 25.2.1995 and plead for indulgence of the employer to consider whether petitioner could be permitted to retire from service as on 25.2.1995 or otherwise be deprived of the financial benefits of the service from 25.2.1995, however without total deprivation of pensionary benefits. With this view in mind, it is ordered that if the petitioner submits an appeal to the Managing Director of KSRTC against the penality imposed on him within a period of one month from now, that will be considered and disposed of in accordance with law, WP(C) 1593/2004 3 after giving the petitioner an opportunity of being heard. Let this be done within a further period of four months from the date of receipt of a copy of this judgment and a copy of the representation as afore-directed. No costs. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/3/6