IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23331 of 2009(J) -------------------------------------- PETITIONER(S): --------------------- T.P. RAJARAJAN, CONDUCTOR, K.S.R.T.C., THRISSUR DEPOT. BY ADV. MR.A.JAYASANKAR MR.MANU GOVIND SMT.B.MEERA RESPONDENT(S): ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 023. 2. EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695 023. R1 & R2 BY ADV. MR.K. PRABHAKARAN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.23331 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of August, 2009. JUDGMENT 1.Learned standing counsel appears for the respondents. 2.The petitioner is a Conductor in KSRTC. He was issued tickets and an electronic ticketing machine in connection with a particular trip. The tickets and the ticket rack were lost from the custody of the petitioner. Disciplinary proceedings were initiated against him. Penalty is imposed. As part of penalty, he is also required to repay to the Corporation the entire value of the tickets lost that would be something like Rs.48,000/-. 3.The jurisdictional issue raised is as to whether WP(C)23331/09 -: 2 :- such a penalty could have been imposed or whether the recovery should have been confined to the value of the rack and the materials which would be the cost of the tickets and not the value of the tickets. I do not deem it necessary to answer the jurisdictional issue, as of now. I say so because, the disciplinary proceedings are now pending in an appeal within the establishment. Thereafter, the petitioner has got a right to move the Tribunal challenging the decision of the institutional authorities. Therefore, it would be inappropriate for this Court to conclude, as of now, as to whether there was any misappropriation relatable to the tickets or whether it was a case of loosing the tickets and the ticket rack from the custody of the petitioner which would be a simpliciter again. Under the aforesaid circumstances, without entering on merits and preserving all the rights of the petitioner, it is ordered that the appeal filed by him before the Managing Director would be WP(C)23331/09 -: 3 :- considered expeditiously and final orders issued within three months from the date of receipt of a copy of this judgment. Pending that, let there be no recovery. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070909