IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 21204 of 2009(U) -------------------------- PETITIONER(S): --------------- V.MOHANAN, VELUTHEDATH HOUSE, KURICHIKARA PO, THANIKUDOM, THRISSUR -680 028. BY ADV. SRI.P.C.KUTTAN RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM 2. THE ASST.TRANSPORT OFFICER, CHALAKKUDY, TRISSUR DIST. BY ADV.JOHNSON P.JOHN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21204 OF 2009 ------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT The petitioner was an empanelled conductor in the Kerala State Road Transport Corporation. He stands dis-empanelled on grounds that he attempted to misappropriate money. On 13.12.2007, he allegedly did not remit the entire amount collected by him while on duty. The electronic ticket machine used by him was, going by the statement of the respondents, defective and the tripwise summary was generated after rectifying the defect on 14.12.2007, on scrutiny of which, it was found that the petitioner failed to remit an amount of Rs.724/-. He was required to remit an amount three times equivalent to Rs.724/- by way of penalty. On ground that he refused to do so, the Corporation dis-empanelled him stating that that was an intentional act of the petitioner with motive to misappropriate the Corporation's money. Adverting to the undisputed Ext.P3, it can be seen that on 15.12.2007 itself, the petitioner remitted an WPC.21204/09 Page numbers amount of Rs.724/- with reference to shortage on 13.12.2007. Even going by the statement of the respondents, admittedly, the electronic ticket machine was defective and it was on 14.12.2007 that a mechanic from soft land, probably the franchisee dealing with ETM rectification, set right the defect of the ETM used by the petitioner. Under such circumstances, I find that it was improper to saddle the petitioner with the need to pay three times the amount of Rs.724/- which was found to be short remittance. I do not deem it appropriate that the petitioner is refused employment by the KSRTC. Accordingly, it is ordered that the decision against the petitioner on the basis of the aforesaid incident shall stand withdrawn by the force of this judgment and the petitioner shall be engaged as an empaneled conductor in accordance with law. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.22/8.